Patna High Court
Pavitra Singh @ Pavittar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed; the order denying bail is set aside and the appellants are released on bail.
Summary
The appellants, Pavitra Singh and Roshan Kumar Singh, were charged under several sections of the Bihar Negotiable Instruments Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly attacking police officials during a raid. The Special Judge had denied bail, holding that the charges under the SC/ST Act were viable. On appeal, counsel for the appellants argued that the FIR contains only vague, omnibus allegations with no specific act of caste-based abuse attributed to them and that they have no prior criminal record. The State opposed the bail, but the High Court noted the lack of specific evidence, the clean antecedent of the accused, and the prolonged custody since September 2025. Consequently, the Court set aside the lower court’s order, allowed the appeal, and granted bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the allegations in the FIR constitute a specific offence under the SC/ST (Prevention of Atrocities) Act.
- Whether bail should be granted in view of the absence of concrete evidence of caste-based abuse and the appellant’s clean antecedent.
- Whether the lower court’s denial of bail was justified under the applicable provisions of the SC/ST Act and the Bihar Negotiable Instruments Act.
Legislation cited
- Bihar Negotiable Instruments Act — s. 109, 111, 115(2), 117(2), 118(1), 126(2), 132, 190, 191(2), 191(3)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i)(d), 3(i)(dh)
Subjects
- bail
- SC/ST Act
- caste-based offence
- criminal appeal
- general allegation
- clean antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4218 of 2025
Arising Out of PS. Case No.-578 Year-2024 Thana- RANIGANJ District- Araria
======================================================
1. Pavitra Singh @ Pavittar Singh S/O Lakhan Singh Resident of Village-
Kajra Tola, Ward No.- 10, P.S- Raniganj, Distt.- Araria.
2. Roshan Kumar Singh @ Roshan Kumar @ Roshan Singh S/O Pavitra Singh
@ Pavittar Singh Resident of Village- Kajra Tola, Ward No.- 10, P.S-
Raniganj, Distt.- Araria.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramji Mandal S/O Late Baldeo Mandal R/O Village- Babupur, P.S-
Bakharpur, Distt.- Bhagalpur. At present posted at Dail 112 Raniganj Police
Station.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ramesh Kumar Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 29-01-2026 Despite valid service of notice, no one appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellant and learned
Special P.P. for of the State.
3. This appeal has been filed against the order dated
15.09.2025 passed by learned 1st ADJ cum Special Judge,
SC/ST Act, Araria in connection with Raniganj P.S. Case No.
578 of 2024, registered under Sections 191(2), 191(3), 190,
126(2), 115 (2), 118(1), 117(2), 109, 132, 111 of the BNS and
Section 3(i)(d), 3(i)(dh) of Scheduled Castes and Scheduled
Patna High Court CR. APP (SJ) No.4218 of 2025(4) dt.29-01-2026
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Tribes (Prevention of Atrocities) Act (for short “SC/ST Act”),
whereby the prayer for bail of appellant has been rejected.
4. As per prosecution case, it is alleged that this
appellant along with other accused persons attacked police
officials and caused injuries while they were conducting raid.
5. Learned counsel for the appellant submits that there
is general and omnibus allegation levelled against the appellant.
No specific allegation of overt act has been attributed to the
appellant. From perusal of F.I.R., there is no allegation of abuse
taking caste name. Accordingly, no case of SC/ST Act is made
out against the appellant. In this case, charge has already been
framed. The appellant is in custody since 15.09.2025, having no
criminal antecedent.
6. Learned Spl. Public Prosecutor for the State
opposed the appeal of the appellant.
7. However, considering the aforesaid facts and
circumstances as well as period of custody and clean antecedent,
the impugned order dated 15.09.2025 is, hereby, set aside and
this criminal appeal is allowed.
8. Let the appellant, as named above, be released on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. APP (SJ) No.4218 of 2025(4) dt.29-01-2026
3/3
learned 1st ADJ cum Special Judge, SC/ST Act, Araria, in
connection with Raniganj P.S. Case No. 578 of 2024.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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