Patna High Court
Abhijeet Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and the order denying bail is set aside, granting bail to the appellants.
Summary
The appellants, Abhijeet Kumar Singh and Dilip Singh, were charged under multiple sections of the Bihar Narcotic Substances Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly fleeing a police check, driving at high speed, attempting to crush an informant, and assaulting two constables, one of whom belonged to an SC/ST community. The Special Judge had denied their bail application, citing the seriousness of the offences and the appellants' prior criminal records. The appellants contended that the allegations were fabricated, that the injuries to the constable were minor, and that the case was politically motivated. The State opposed bail, emphasizing the criminal antecedents and the nature of the offences. After hearing both sides, the Patna High Court set aside the lower court’s order and granted bail to the appellants upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether bail can be granted to the accused despite charges under the Bihar Narcotic Substances Act and the SC/ST Act.
- Whether the alleged assault on a constable belonging to an SC/ST community triggers the special provisions of the SC/ST Act, precluding bail.
- Whether the appellants' prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 109, 115(2), 121(1), 121(2), 126(2), 132, 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- bail
- SC/ST Act
- assault on police
- road rage
- intoxication
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4440 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- TISIAUTA District- Vaishali
======================================================
1. Abhijeet Kumar Singh, Son of Satish Kumar Singh, Resident of Mahthi
Dharamchand, P.S.- Tisiauta, District - Vaishali.
2. Dilip Singh, Son of Abadh Kishore Singh, Resident of Mahthi
Dharamchand, P.S.- Tisiauta, District - Vaishali.
... ... Appellant/s
Versus
1. The State of Bihar
2. Chandani Kumari Sawaria @ Chandani Kumari, S.H.O. Tisiauta Police
Station, District - Vaishali. Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shivanand Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-01-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellants
against the order dated 14.10.2025 passed by learned Court of
Exclusive Special Judge, SC/ST Act-cum-District and
Additional Sessions Judge, Vaishali at Hajipur whereby the
prayer for bail of the appellants in connection with Tisiauta P.S.
Case No. 160 of 2025 under Sections 126(2), 115(2), 109,
121(1), 121(2), 132, 352, 351(2) and 3(5) of B.N.S. and
Sections 3(1)(r)(s) of SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.4440 of 2025(3) dt.31-01-2026
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3. The case of the prosecution, in short, is that there
was road rage between the appellants and police. It is alleged
that appellants were not giving them pass. When the vehicle of
the appellants was stopped, it was found the appellant no.2 was
heavily intoxicated. He was directed to accompany his vehicle
to the police station for medical examination and further action,
then he started running away with his vehicle at high speed and
tried to crush the informant and his team, who were chased and
caught by the team and were asked to get out of their vehicle,
but Dilip Singh, appellant no.2 who was on driver’s seat of the
vehicle, even after a lot of efforts when he did not come out
thereafter, both the constables Satyam Kumar and Babudhan
Paswan went inside the vehicle and tried to take him out, but he
drove the vehicle very fast and took both constables with him
towards his village taking advantage of the darkness of the
night. It is further alleged that he has attempted to snatch the
arms and has assaulted the police personnel who has gone to
apprehend him.
4. It is submitted by learned counsel for the appellants
that appellants are innocent and they have been falsely
implicated in this case. The story of the prosecution is just a
cock and bull story. No occurrence took place and entire case is
Patna High Court CR. APP (SJ) No.4440 of 2025(3) dt.31-01-2026
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creation of respondent at the instance of appellant’s enemies and
political opponents. It has further been submitted that from
perusal of injury report it will transpire that only simple injury.
Pain and swelling was received by one of the constables who
happens to be from SC/ST community. It has also been that if
the allegations are taken to be true then also it cannot be said
that the constable was assaulted only on the ground that he was
belonging to the SC/ST community. They are languishing in
judicial custody since 03.10.2025.
5. The appeal for bail is vehemently opposed by
learned Spl. P.P. for the State and has submitted that appellant
no. 1 is having criminal antecedent of one case and appellant
no.2 is having criminal antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to allow this appeal. Accordingly, the appeal is allowed
and the impugned order dated 14.10.2025 passed in connection
with Tisiauta P.S. Case No. 160 of 2025 is hereby set aside.
7. The appellants are directed to be enlarged on bail
in connection with Tisiauta P.S. Case No. 160 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. APP (SJ) No.4440 of 2025(3) dt.31-01-2026
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of the learned Court of learned Court of Exclusive Special
Judge, SC/ST Act-cum-District and Additional Sessions Judge,
Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
lata/-
U T
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