Patna High Court
Shubham Kumar @ Shubham Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and the order rejecting bail is set aside, granting anticipatory bail to the appellant subject to conditions.
Summary
The appellant, Shubham Kumar, was charged under several sections of the Indian Penal Code and Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting and abusing the informant and his wife over a monetary dispute. The Additional District and Sessions Judge had rejected his bail application on 28‑08‑2025. The appellant appealed under Section 14A(2) of the SC/ST Act, contending that he has a clean antecedent, was falsely implicated, and that anticipatory bail had already been granted in a related appeal (Cr. Appeal No. 4090 of 2025). The State opposed the bail, arguing the seriousness of the offences. The Patna High Court, after hearing counsel, set aside the lower court’s order, allowed the appeal, and directed that the appellant be released on anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to compliance with conditions prescribed by the Special Judge.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 despite the lower court’s rejection.
- Whether the allegations against the appellant constitute a specific charge of assault and abuse sufficient to deny bail.
- Whether the appellant’s claim of false implication and clean antecedent warrants bail.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- Indian Penal Code
- false implication
- clean antecedent
- criminal appeal
- bail rejection
- scheduled castes
- scheduled tribes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4112 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Shubham Kumar @ Shubham Kumar Singh S/O Dhiraj Kumar Singh @
Dhiraj Singh Resident of Village- Bharouli, Post- Bharouli, P.S- Sonbarsa
Kachahari, District- Saharsa.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sandeep Kumar @ Sandeep Paswan S/O Akhilesh Paswan R/O Village-
Sitanabad, Ward No. 01, Under Gram Panchayat Sitanabad Utari, P.S-
Bakhtiyarpur, Distt.- Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Amit Kumar Singh
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-05-2026 Heard learned counsel for the appellant, learned Spl.
P.P., Mr. Binay Krishna, appearing for the State.
2. This appeal is an Appeal under Section 14(A)(2)
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 against the rejection of prayer for bail vide
order dated 28.08.2025, passed by learned Additional District
and Sessions Judge-I-cum-Special Judge (SC/ST), Saharsa, in
connection with Bakhtiyarpur (B.K.P.) P.S. Case No. 160 of
2025, registered for the offence punishable under Sections
126(2), 115(2), 109, 74, 352, 351(2), 3(5) of BNS and Sections
3(1)(s) of SC/ST (POA) 1989.
Patna High Court CR. APP (SJ) No.4112 of 2025(4) dt.05-05-2026
2/3
3. The learned counsel appearing on behalf of the
appellant submits that appellant is person with clean antecedent
and the informant alleges that named accused persons including
the appellants came on 15.05.2025 in between 8.30 A.M. 9 A.M.
to his house and Dhiraj abused by taking caste name and
demanded Rs. 50,000/- on the pretext that informant earns a lot,
on which informant objected, when Dhiraj said to pay
Rs.25,000/- which accrued on account of interest, on which the
informant said that he had already paid Rs.10,000/- and is not in
a position to pay interest, on which all the accused abused and
dashed him and acted inappropriately with his wife.
4. The learned counsel appearing on behalf of the
appellants submits that the appellant has been falsely implicated
in the instant case by the informant, it is next submitted from
Dhiraj Kumar Singh@ Dhiraj Singh along with one another had
approached this Court seeking anticipatory bail by filing Cr.
Appeal (SJ) No. 4090 of 2025 and the same came to be allowed
by an order dated 05.05.2026 after considering the case on
merit, it is next submitted that case of the petitioner is on a
better footing as no specific allegation of assault and abuse is
alleged against the appellant, it is further submitted submitted
that allegation of acting inappropriately with the wife of the
Patna High Court CR. APP (SJ) No.4112 of 2025(4) dt.05-05-2026
3/3
informant is ornamental.
5. The learned A.P.P. for the State vehemently opposes
the prayer for bail.
6. Considering the submission, this appeal is allowed and
the impugned order is set aside. Let the appellant, above
named, in the event of his arrest or surrender before the Court
below within a period of thirty days from the date of receipt of
the order, be released on anticipatory bail on furnishing bail
bond of Rs.5,000/- (Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional District
and Sessions Judge-I-cum-Special Judge (SC/ST), Sharsa, in
connection with Bakhtiyarpur (B.K.P.) P.S. Case No. 160 of
2025.
(Satyavrat Verma, J)
sanjeev/-
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