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Patna High Court

Gautam Kumar @ Biku SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants, subject to surrender and bail bonds.

Summary

The appellants, Gautam Kumar and Subodh Singh, were charged under IPC sections 323, 354, 504, 506, 509/34 and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant with a lathi, iron rod and fists, abusing him with caste slurs, and assaulting and disrobing his wife. The FIR was lodged 15 days after the alleged incident, which the appellants argued indicated a false, concoced case arising from a petty village dispute. The Special Judge had rejected their anticipatory bail application. On appeal, the Patna High Court considered the nature of the accusations, the delay in filing the FIR, and the appellants' clean antecedents, and ordered that bail be granted upon surrender and furnishing of bail bonds. Consequently, the High Court set aside the Special Judge’s order rejecting anticipatory bail, but only with respect to the two appellants.

Issues considered

  • Whether the anticipatory bail application of the accused should be granted despite the charges under the IPC and SC/ST Act.
  • Whether the delay of 15 days in lodging the FIR defeats the prosecution’s case under the SC/ST (Prevention of Atrocities) Act.
  • Whether the allegations in the FIR are specific enough to constitute a cognizable offence under the cited statutes.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • assault
  • caste violence
  • delay in FIR
  • bail jurisdiction
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4247 of 2024
                 Arising Out of PS. Case No.-151 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya
                 ======================================================
           1.     Gautam Kumar @ Biku Singh son of Late Baneshwar Singh Village- Kosila
                  PS -Magadh University District -Gaya
           2.    Subodh Singh son of Late Baneshwar Singh Village- Kosila PS -Magadh
                 University District -Gaya

                                                                               ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Bitori Chaudhary Son of Late Doman Chaudhary Village- Kosila PS
                 -Magadh University District -Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Sudhir Kumar Sinha, Advocate
                 For the Respondent/s   :        Ms. Usha Kumari 1, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   02-04-2026                   Despite valid service of notice, none appears on

                   behalf of the respondent no. 2.

                               2. Heard learned counsel for the appellants and the

                   State.

                               3. This appeal has been filed against the order dated

                   21.08.2024 passed by learned Exclusive Special Judge, SC/ST,

                   Gaya in ABP No. 260 of 2024 arising out of Magadh University

                   P.S. Case No. 151 of 2024 registered under Sections 323, 354,

                   504, 506, 509/34 of the Indian Penal Code and Section 3(1)(r)(s)

                   of Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, whereby the prayer for anticipatory bail of
Patna High Court CR. APP (SJ) No.4247 of 2024(4) dt.02-04-2026
                                             2/3




          appellants has been rejected.

                       4. As per F.I.R., on 27.06.2024 at about 7:30 PM, all

          the F.I.R. named accused persons, including these appellants,

          assaulted informant with lathi, iron rod and fist and abused him

          by caste name. It is further alleged that when wife of the

          informant came to save him, the accused persons assaulted and

          disrobed her.

                       5. Learned counsel for the appellants submits that

          both parties are co-villagers and due to petty dispute, this false

          and concocted case has been lodged. Allegation against

          appellants is general and omnibus and there is no allegation of

          any specific overt act against them. F.I.R. has been lodged after

          inordinate delay of about 15 days which itself raises doubt over

          veracity of the prosecution case. It is not the case of informant

          that any member of public was present at the place of

          occurrence and as such, no case under SC/ST Act is made out

          against the appellants. Appellants claim clean antecedent.

                       6. Learned Spl. Public Prosecutor for the State

          vehemently opposed the bail application.

                       7. Considering the nature of accusation, delay in

          lodging the F.I.R. and clean antecedent, let the appellants, as

          named above, in the event of their arrest/surrender within a
              Patna High Court CR. APP (SJ) No.4247 of 2024(4) dt.02-04-2026
                                                           3/3




                        period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with

                        two sureties of the like amount each to the satisfaction of

                        learned Exclusive Special Judge, SC/ST, Gaya in ABP No. 260

                        of 2024 arising out of Magadh University P.S. Case No. 151 of

                        2024.

                                     8. Accordingly, this criminal appeal is allowed and

                        impugned order dated 21.08.2024 is set aside with respect to

                        these appellants only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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