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Patna High Court

Raj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The appellate court set aside the trial court’s order rejecting bail and granted bail to the appellants subject to prescribed conditions.

Summary

The appellants, five residents of Sundarpur, were charged under several sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly setting fire to an informant's house, burning valuables and snatching a gold chain while abusing the informant's caste. The trial court rejected their bail application, prompting an appeal under Section 14(A)(2) of the SC/ST Act. The State opposed bail, but no counsel appeared for the second respondent. The High Court examined the evidence, noted the lack of injury and the private nature of the alleged incident, and held that the trial court's order denying bail was untenable. Consequently, the appellate court set aside the trial court's order and granted bail to each appellant on a Rs.10,000 bond with two sureties, subject to conditions regarding presence in court and conduct. The appeal was allowed and the bail order was issued.

Issues considered

  • Whether bail can be granted to accused under the SC/ST (Prevention of Atrocities) Act in the circumstances of the case.
  • Whether the alleged incident falls within the ambit of the SC/ST Act.
  • Whether the trial court erred in rejecting the bail application despite the evidence presented.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • scheduled caste
  • atrocity
  • arson
  • theft
  • criminal appeal
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4282 of 2025
                      Arising Out of PS. Case No.-636 Year-2024 Thana- BARHARIA District- Siwan
                 ======================================================
           1.     Raj Kumar Singh S/O Ramayan Singh Resident of Village- Sundarpur, P.S.-
                  Barhariya, Distt.- Siwan.
           2.    Shailesh Singh @ Shailesh Kumar Singh @ Tuntun Singh S/O Shambhu
                 Nath Singh Resident of Village- Sundarpur, P.S.- Barhariya, Distt.- Siwan.
           3.    Rahul Kumar S/O Prem Sah Resident of Village- Sundarpur, P.S.- Barhariya,
                 Distt.- Siwan.
           4.    Brijlal Sah @ Raj Lal Sah S/O Late Chandradev Sah Resident of Village-
                 Sundarpur, P.S.- Barhariya, Distt.- Siwan.
           5.    Ramajee Bhagat @ Rama Bhagat S/O Jate Lal Bhagat Resident of Village-
                 Sundarpur, P.S.- Barhariya, Distt.- Siwan.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Raghunath Ram S/O Late Faujdar Ram Resident of Village- Sundarpur, P.S.-
                 Barhariya, Distt.- Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Ajay Kumar Pandey, Advocate
                 For the State           :       Ms. Meena Singh, APP
                 For the respondent no.2 :       None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   23-02-2026                   Heard learned counsel for the appellants and learned

                   APP for the State.

                               2. Despite the notice having been validly served, no

                   one appears on behalf of the Respondent No. 2.

                               3. This 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 09.06.2025 passed by the learned A.D.J. 1 cum Special
Patna High Court CR. APP (SJ) No.4282 of 2025(4) dt.23-02-2026
                                             2/4




          Judge, Siwan in connection with A.B.P. No. 1335 of 2025

          arising out of Barhariya P.S. Case No. 636 of 2024 registered

          for the offence/s punishable u/ss 126(2), 115(2), 74, 324(4),

          303(2), 326(g), 352, 351(2) and 3(5) of the BNS and under

          sections 3(1)(r)(s)(w) and 3(2) (va) of the SC/ST (POA) Act.

                       4. As per the prosecution case, the allegation against

          the appellants is that they all came to the house of the informant

          variously armed and by abusing him with his caste name, they

          had lit the house of the informant on fire, thereby burning the

          ornaments and cash. It has further been alleged that some of the

          accused have also snatched away the gold chain from the wife

          of the informant.

                       5. Learned counsel for the appellants submits that the

          appellants have falsely been implicated and no such incident as

          alleged has occurred. It has further been submitted that no injury

          has been sustained by the informant or his family members and

          barring bald statements, there is nothing on record to suggest

          that such incident has occurred. It has next been submitted that

          for the same incident there is case and counter-case between the

          parties and admittedly, the incident has not occurred within

          public view and therefore, the provisions of the SC/ST Act is

          not attracted in this case. It has lastly been submitted that the
Patna High Court CR. APP (SJ) No.4282 of 2025(4) dt.23-02-2026
                                             3/4




          appellants carry clean antecedents.

                       6. Nobody appears on behalf of the respondent No. 2,

          however, the learned APP for the state has vehemently opposed

          the prayer for bail and has stated that the appellants have lit the

          house of the informant on fire and burnt valuable items.

                       7. Considering the aforesaid submissions and facts

          of the case, the order passed by the learned Trial Court

          dated 09.06.2025 passed in A.B.P. No. 1335 of 2025 arising out

          of Barhariya P.S. Case No. 636 of 2024 is accordingly set

          aside. Let the appellants above named be released 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    the     learned       Court        below         where   the   case   is

          pending/successor court in connection with Barhariya P.S.

          Case No. 636 of 2024, subject to the following conditions:

                       (i) One of the bailors of the appellants shall be

          their close relative and the other shall be the local resident.

                       (ii) The appellants shall remain physically present

          in Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates

          or in violation of the terms of the bail, the bail bond of the
               Patna High Court CR. APP (SJ) No.4282 of 2025(4) dt.23-02-2026
                                                            4/4




                         appellants will be liable to be cancelled by the court

                         concerned.

                                      (iv) If the appellants are found involved in similar

                         nature of offence in future, the prosecution shall be at

                         liberty to move for cancellation of his bail bond.

                                      (v) The learned Court below shall verify the

                         criminal antecedent of the appellants and in case at any

                         stage it is found that the appellants have concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the appellants. However, the

                         acceptance of bail bonds in terms of the above-mentioned

                         order shall not be delayed for purpose of or in the name of

                         verification.

                                      8. The criminal appeal is allowed.

                                      9. It is made clear that the observation, if any, made

                         in this order, shall be of no bearing during the trial.



                                                   (Sourendra Pandey, J)
aditya/-

U          T


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