Patna High Court
Anuj SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the refusal and granted provisional anticipatory bail to the appellant, subject to verification of the alleged compromise.
Summary
The appellant, Anuj Singh, was charged under several sections of the Bihar Negotiable and Settlement Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting and robbing an informant. He applied for anticipatory bail, which was denied by the Special Judge. On appeal under Section 14‑A(2) of the SC/ST Act, the appellant argued that the informant had not appeared, the case was compromised, and he had a clean antecedent. The Special Public Prosecutor contended that no compromise was on record and the allegations were serious. The Patna High Court set aside the lower court’s order, granting provisional anticipatory bail subject to a Rs.10,000 bond, two sureties, and a condition that the trial court verify the alleged compromise before confirming the bail. The appeal was allowed.
Issues considered
- Whether the refusal to grant anticipatory bail under the SC/ST Act was justified in view of the alleged compromise and the informant's non‑appearance.
- Whether the appellant can be released on provisional anticipatory bail subject to conditions under Section 482(2) of the CrPC.
Legislation cited
- Bihar Negotiable and Settlement Act — s. 109, 115(2), 126(2), 303(2), 3(5), 351(1), 352
- Criminal Procedure Code — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- compromise
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4174 of 2025
Arising Out of PS. Case No.-274 Year-2024 Thana- MADHUBAN District- East Champaran
======================================================
Anuj Singh S/o Late Kameshwar Singh Resident of Village - Delho, P.S -
Madhuban, District - East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Mintu Paswan S/o Babulal Paswan R/o Village - Delho, P.S - Madhuban,
District - East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nachiketa Jha
For the Respondent/s : Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 11-05-2026 1. Heard learned counsel for the appellant and learned
Special Public Prosecutor 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 20.03.2025 in A.B.P. No. 656 of 2025 passed by the
learned Special Judge, SC/ST (POA) Act, East Champaran at
Motihari in connection with Madhuban P.S. Case No. 274 of
2024 registered under Sections 126(2), 115(2), 109, 303(2), 352,
351(1) and 3(5) of the BNS as well as Sections 3(1)(r)(s) of the
SC/ST Act.
Patna High Court CR. APP (SJ) No.4174 of 2025(6) dt.11-05-2026
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3. Learned counsel appearing on behalf of the
appellant submits that informant despite receiving notice
chooses not to appear and contest. It is next submitted that
appellant is a person with clean antecedent and the informant
alleges that on 02.07.2024, he was intercepted by the accused
persons including the appellant while he was coming home on
his bicycle and appellant assaulted him by Dabiya causing
injury on his head and all accused also abused by taking caste
name and Alok threatened with pistol and snatched his chain
while Vijay took Rs.3,000/- from his pocket.
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 though it is alleged that
appellant assaulted the informant by Dabiya causing injury on
head but then the appellant asserts and submits that he had not
assaulted the informant. It is further submitted that even the case
has been compromised in between the parties as stands recorded
in the order impugned and this perhaps explains why the
informant despite receiving notice chooses not to appear and
contest.
5. Learned Special Public Prosecutor opposes the
prayer for anticipatory bail and submits that compromise
Patna High Court CR. APP (SJ) No.4174 of 2025(6) dt.11-05-2026
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petition is not on record but then is not in a position to rebut the
submission of the learned counsel appearing on behalf of the
appellant that order impugned records that it was submitted that
parties have compromised the case, on which, the learned
Special P.P. submits that the appellant is alleged to have
assaulted the informant by Dabiya causing injury on head.
6. After hearing the learned counsel for the parties, the
order impugned is set side and 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 Provisional
anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees
ten 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 482(2) of the BNSS.
7. It is further made clear that thereafter the learned
trial court shall issue notice to the informant or shall get the
informant communicated through his learned lawyer to appear
before the learned trial court and if the informant acknowledges
that compromise has been arrived at, in that event, the
provisional anticipatory bail granted to the appellant shall be
confirmed forthwith but if the informant denies the compromise,
Patna High Court CR. APP (SJ) No.4174 of 2025(6) dt.11-05-2026
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in that event, the provisional anticipatory bail bonds shall not be
confirmed and as such the present order shall not be given effect
to.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed with the aforesaid condition.
(Satyavrat Verma, J)
amit/-
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