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Patna High Court

Anuj SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                             2/4




                       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
                                             3/4




          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
                                                          4/4




                       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/-

U        T


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