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Patna High Court

Kiran SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The anticipatory bail is maintainable and the order of the Special Judge rejecting it is set aside.

Summary

The appellants, Kiran Singh and Niraj Kumar, were charged under multiple sections of the Bihar Negotiable (BNS) Act, the Child Labour Act and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting the informant's son and using caste slurs. They filed an anticipatory bail application which was rejected by the Special Judge. The appellants contended that the case arose from a monetary dispute over wages for house‑help services and that no SC/ST offence was made out. The High Court examined the FIR and concluded that the allegations did not constitute an offence under the SC/ST Act, rendering the anticipatory bail application maintainable. Consequently, the Court set aside the Special Judge’s order, allowed the appeal, and directed that the appellants be released on bail upon furnishing the prescribed bond and sureties, subject to conditions under CrPC and the BNS Act.

Issues considered

  • Whether the anticipatory bail application is maintainable when the alleged offence under the SC/ST (POA) Act is not established.
  • Whether the FIR discloses an offence on the ground of the victim's caste, thereby attracting the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • child labour
  • bail conditions
  • Criminal Procedure Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3932 of 2025
                    Arising Out of PS. Case No.-43 Year-2025 Thana- MOHANPUR District- Samastipur
                 ======================================================
           1.     Kiran Singh Son of Late Vijay Kumar Singh Resident of Village - Baghra,
                  P.S. - Mohanpur, Dist. - Samastipur.
           2.    Niraj Kumar @ Niraj Singh Son of Late Vijay Kumar Singh Resident of
                 Village - Baghra, P.S. - Mohanpur, Dist. - Samastipur.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Dharmendra Paswan Son of Gopal Paswan Resident of Village - Baghra,
                 P.S. - Mohanpur, Dist. - Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Shaishav Kumar
                 For the Respondent/s    :       Mr.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   12-03-2026                   Heard the parties.

                               2. This appeal is preferred against the order dated

                   25.08.2025 passed by the learned Special Judge, SC/ST Act,

                   Samastipur in ABP No. 1820 of 2025 arising out of Mohanpur

                   P.S. Case No. 43 of 2025 registered for the offence under

                   Sections 115(2), 61(2), 62, 93, 96, 105, 109, 126(2), 127(2),

                   144, 146, 74, 143(4), 3(5) of the BNS, under Section 14 of the

                   Child Labour Act and under Section 3(i)(vi)(x)(R)(s)(w), 3(viii),

                   3(2)(va) of S.C/S.T. (POA) Act by which anticipatory bail filed

                   by the appellants has been rejected.

                               3. As per the prosecution case, the appellants are said
Patna High Court CR. APP (SJ) No.3932 of 2025(4) dt.12-03-2026
                                             2/3




          to have taken the informant’s son with them as house help and

          have assaulted him and have abused the victim by taking caste

          name.

                       4. Learned counsel for the appellants submits that the

          appellants has falsely been implicated in this case and no

          offence under the provisions of SC/ST Act is made out in this

          case as the occurrence has taken place because of some dispute

          over some amount which may be due to the appellants for the

          work of the informant’s son as house help and therefore the

          application of the anticipatory bail is maintainable.

                       5. Learned counsel for the State and the informant has

          opposed the prayer of the appellant.

                       6. From the reading of the entire FIR it does not

          appear that offence has been committed against the informant on

          the ground that he is a member of the SC/ST Act and the

          occurrence has taken place because of some dispute and

          therefore, this application for grant of anticipatory bail is held to

          be maintainable.

                       7. Considering the facts of the case and the rival

          submissions of the parties, this appeal is allowed and

          accordingly, the order dated 25.08.2025, is hereby set aside.

                       8. Let the appellants, in the event of their arrest or
          Patna High Court CR. APP (SJ) No.3932 of 2025(4) dt.12-03-2026
                                                       3/3




                    surrender within four weeks from today, be released on bail on

                    furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)

                    each with two sureties of the like amount each to the satisfaction

                    of the learned Special Judge, SC/ST Act, Samastipur/concerned

                    Court below in in connection with Mohanpur P.S. Case No. 43

                    of 2025, subject to the conditions laid down under Section

                    438(2) of the Code of Criminal Procedure/482(2) of the BNSS.



                                                                   (Sandeep Kumar, J)
Vikas/-

U


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