Patna High Court
Guddu Kumar @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed the appellant's anticipatory bail and set aside the trial court's order rejecting it.
Summary
The appellant Guddu Kumar was charged under multiple IPC sections, the IT Act and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting the informant's daughter, stealing jewellery and cash, recording the incident and threatening her. He contended that the case was fabricated due to a land dispute with the complainant and that no caste-based abuse occurred. The Special Judge had rejected his anticipatory bail application. On appeal, the Patna High Court examined whether the allegations justified denial of bail and whether the SC/ST Act provisions were applicable. Finding the appellant's claim of innocence credible and noting the lack of specific caste abuse, the Court ordered that bail be granted upon surrender within eight weeks with appropriate sureties. Consequently, the appellate order of 23.08.2024 was set aside for the appellant alone.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite the FIR under IPC, IT Act and SC/ST Act.
- Whether the allegations constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the trial court erred in rejecting the bail application.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354B, 379, 504, 506
- Information Technology Act — s. 66D
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)(w)
Subjects
- anticipatory bail
- criminal appeal
- IPC offences
- SC/ST Act
- IT Act
- land dispute
- false case
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4504 of 2024
Arising Out of PS. Case No.-530 Year-2024 Thana- WAJIRGANJ District- Gaya
======================================================
Guddu Kumar @ Suraj Kumar Son of Birbal Resident of Village - Nagwan,
P.S.- Fatehpur, Dist.- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Vijay Rajvanshi Son of Saudagar Rajwanshi Resident of Village - Kari
Sowa, P.S.- Wazirganj, Dist.- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prithivi Raj Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 02-04-2026 Despite valid service of notice, none appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellant and the
State.
3. This appeal has been filed against the order dated
23.08.2024 passed by learned Exclusive Special Judge, SC/ST
Special Court, Gaya in ABP No. 264 of 2024 arising out of
Wazirganj P.S. Case No. 530 of 2024 registered under Sections
341, 323, 379, 354(B), 504, 506/34 of the Indian Penal Code,
Section 66(D) of the Information Technology Act and Section
3(1)(r)(s)(w) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
Patna High Court CR. APP (SJ) No.4504 of 2024(5) dt.02-04-2026
2/3
anticipatory bail of appellant has been rejected.
4. As per F.I.R., this appellant along with other named
accused persons misbehaved with the daughter of informant,
snatched gold chain, cash and other articles. It is further alleged
that the accused persons also made video of the incident and
threatened to kill her.
5. Learned counsel for the appellant submits that
appellant is innocent and has committed no offence. Both
parties are close-door neighbours and due to land dispute, this
false and concocted case has been lodged against appellant and
others. Rest of the allegations are ornamental only to make the
case grave. There is no allegation of abuse by caste name and as
such, no case under SC/ST Act is made out against the
appellant. Appellant claims clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the aforesaid facts, let the appellant, as
named above, in the event of his arrest/surrender within a period
of eight weeks from today, be enlarged on bail on furnishing
bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge, SC/ST Special Court, Gaya in ABP No. 264 of
Patna High Court CR. APP (SJ) No.4504 of 2024(5) dt.02-04-2026
3/3
2024 arising out of Wazirganj P.S. Case No. 530 of 2024.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 23.08.2024 is set aside with respect to
this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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