Created by Fuzzy Cloud

Patna High Court

Rajnish Singh @ Rajnish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the appellant's anticipatory bail, setting aside the lower court's refusal.

Summary

The appellant, Rajnish Singh, was charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly causing a road accident involving his vehicle and threatening the victim's family. He contended that he was falsely implicated, did not drive the vehicle, suffers a 50% disability, and that the FIR was filed more than three days after the incident, casting doubt on the prosecution's case. He appealed under Section 14‑A(2) of the SC/ST Act against the trial court’s refusal to grant anticipatory bail. The High Court, after considering the appellant’s clean antecedent, disability, and the delay in filing the FIR, granted anticipatory bail subject to standard conditions under Section 438(2) of the CrPC. Consequently, the order refusing bail was set aside and the appeal was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the appellant despite charges under the SC/ST Act and multiple IPC offences
  • Whether the delay in filing the FIR and the appellant’s disability justify granting bail
  • Whether the appellant’s claim of not driving the vehicle affects liability under the SC/ST Act

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • disability
  • delay in FIR
  • IPC offences
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3989 of 2024
                         Arising Out of PS. Case No.-1 Year-2024 Thana- PUNPUN District- Patna
                 ======================================================
                 Rajnish Singh @ Rajnish Kumar Son of Arjun Singh R/o Lahsuna, Jaunpuri,
                 Lahsuna, P.S.- Punpun, District- Patna, Bihar 804452

                                                                                    ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Chando Devi Wife of Raju Das R/o Gram Makdumpur Jaunpura, P.S.-
                 Punpun, District- Patna, Bihar 804452

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Dr. Ranjeet Kumar, Adv.
                                                  Mr. Rajnish Prakash, Adv.
                                                  Mr. Kanishk Kaustubh, Adv.
                                                  Ms. Lakshmi Kumari, Adv.
                 For the Respondent/s    :        Ms. Usha Kumari 1, Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   30-03-2026                  1. Heard learned counsel for the appellant and the

                   learned Special P.P. Ms. Usha Kumari No.I for the State.

                                2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 27.06.2024 in connection with Punpun P.S. Case

                   No.01/2024 passed by the learned Exclusive Special Judge,

                   SC/ST Act, Civil Court (Sadar) Patna, registered under Sections

                   279, 337, 338, 379, 504, 506 and 34 of the Indian Penal Code,

                   and Sections 3(i)(r)(s) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.3989 of 2024(5) dt.30-03-2026
                                             2/3




                       3. Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and the informant

          alleges that her minor daughter on 28.12.2023 at 9.30 A.M. was

          going to attend call of nature when she was dashed by a Scorpio

          vehicle bearing registration no.BR02Y6562, further the Scorpio

          belonged to the appellant, next alleges that family members of

          the appellant abused by taking caste name and threatened not to

          institute an FIR or else would be killed and the injured was

          taken to the hospital.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the date

          of occurrence is 28.12.2023 and the FIR came to be instituted

          on 01.01.2024 i.e. after a delay of more than three days, which

          casts an aspersion on the case of the prosecution. It is further

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that the same does not attribute the

          accident to the appellant but then it is alleged that the vehicle by

          which the accident was committed belongs to the appellant. It is

          submitted that a supplementary affidavit has been filed wherein

          the disability certificate of the appellant has been brought on
             Patna High Court CR. APP (SJ) No.3989 of 2024(5) dt.30-03-2026
                                                          3/3




                       record by way of Annexure-P/2 and from perusal of the same, it

                       would manifest that appellant suffered from disability of 50%. It

                       is next submitted that appellant does not drive the car.

                                    5. Learned Special P.P. for the State opposes the

                       appeal.

                                    6. Considering the submissions of the learned counsel

                       for the appellant, let the appellant, above named, in the event of

                       his arrest or surrender within a period of six weeks from the date

                       of receipt of the order, be released on anticipatory bail on

                       furnishing bail bond of Rs.5,000/- (rupees five thousand) with

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

                       learned court below where the case is pending in connection

                       with the aforesaid case, subject to the conditions as laid down

                       under Section 438(2) of the Code of Criminal Procedure.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.