Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Indian Penal Code — s. 115(2), 126(2), 303(2), 324(4), 326(g), 3(5), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14(A)(2), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
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
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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
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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
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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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