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Patna High Court

Basant Singh @ Basant Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order refusing anticipatory bail and granted anticipatory bail to the appellants.

Summary

The appellants, Basant Singh and Manoj Singh, appealed under Section 14‑A(2) of the SC/ST Act against the refusal of anticipatory bail in a case alleging they lured a woman with a job promise, extorted Rs 1 lakh, and threatened to release a compromising video. The FIR, filed more than a year after the alleged incident, was contested as being false and delayed. The appellants argued they have clean antecedents and that the allegations are implausible, especially the threat to make the video viral which would incriminate them. The State and the second respondent opposed the bail but could not refute the delay and credibility concerns. The High Court set aside the lower court’s order, granted anticipatory bail with a bond of Rs 5,000 and two sureties, subject to conditions under Section 482(2) of the Bihar Negotiable Instruments Act, and allowed the appeal.

Issues considered

  • Whether anticipatory bail should be granted in offences punishable under the SC/ST Act.
  • Whether the delay in filing the FIR affects the grant of anticipatory bail.
  • Whether the allegations of extortion, sexual exploitation and threat to release a video constitute grounds to deny bail.
  • Applicability of Section 14‑A(2) of the SC/ST Act and Section 482(2) of the Bihar Negotiable Instruments Act in granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • delay in FIR
  • extortion
  • sexual exploitation
  • Section 482
  • scheduled caste
  • scheduled tribe
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4561 of 2025
                    Arising Out of PS. Case No.-505 Year-2025 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
           1.     Basant Singh @ Basant Kumar Singh S/o Shyam Behari Singh R/o Mohalla
                  - D.P.S School, Chandni Road (Chandmari), P.O and P.S - Danapur, District
                  - Patna, Pin - 801503 Presently posted as - Branch Manager, H.D.F.C Bank,
                  Sapna Cinema More Branch, Ara, P.S - Ara (Town), District - Bhojpur
                  (Bihar)
           2.    Manoj Singh @ Manoj Kumar Singh S/o Late Sri Bhagwan Singh R/o
                 Village - Gausganj, P.S - Ara Town, District - Bhojpur (Bihar)

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Usha Devi W/o Sudama Paswan R/o Mohalla - Singh Colony, Mirganj, Ara,
                 P.S - Ara Town, District - Bhojpur (Bihar)

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Uday Kumar, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Special PP
                 For Respondent No. 2   :        Mr. Om Prakash Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                    1. Heard learned counsel for the appellants, learned

                   Spl. P.P. for the State, Mr. Sadanand Paswan and the learned

                   counsel appearing on behalf of the respondent no. 2.

                                  2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

                   Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the

                   refusal of prayer for anticipatory bail vide order dated 09.10.2025

                   in A.B.P. No. 2530 of 2025 passed by the learned 1st Additional

                   Sessions Judge, Bhojpur at Ara in connection with Ara Town P.S.

                   Case No. 505 of 2025 registered for the offences punishable under
Patna High Court CR. APP (SJ) No.4561 of 2025(2) dt.02-02-2026
                                             2/4




          Sections 74, 64 and 3(5) of the BNS, 2023 as well as Sections

          3(1)(r), 3(1)(s), 3(2)(v) and 3(1)(v) of the SC/ST Act.

                          3. Learned counsel for the appellants submits that

          appellants are persons with clean antecedent and the informant

          alleges that on 20.05.2024, Manoj took her to the house of Basant

          on the pretext of getting her a job, further Basant assured her a job

          on Class-IV post in HDFC bank, thereafter Basant started calling

          her to his house for household work and on pretext of getting her a

          job started establishing physical relation and thereafter both the

          accused took Rs. 1 Lakh on pretext of giving a job, further neither

          they gave job nor returned the money and threatened to make the

          video viral which they had secretly made while establishing

          physical relation.

                          4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that appellant no. 1 is a Contractor

          while appellant no. 2 is Manager of the HDFC bank. It is next

          submitted that from perusal of the allegation as alleged in the FIR,

          it would manifest that the FIR came to be instituted after more

          than an year of the occurrence. It is also submitted that if what has

          been alleged is true in that event the informant would have

          approached the authority competent within a very short span of

          time. It is next submitted that there is an allegation that informant
Patna High Court CR. APP (SJ) No.4561 of 2025(2) dt.02-02-2026
                                             3/4




          was threatened that in the event if she complains in that event the

          video which was made secretly will go viral. It is further submitted

          that it absolutely does not stand to reason that as to why the

          appellants would have threatened the informant of making the

          video viral, if any occurrence of the nature as alleged would have

          taken place, since by making the video viral, the appellants

          themselves would have been implicated in the instant case, which

          casts a serious doubt and apprehension with regard to the veracity

          of the allegation. It is also submitted that since appellant no. 2 is

          Manager with the HDFC bank, as such, he came to be implicated

          by applying pressure tactics. It is also submitted that very wisely

          the FIR came to be instituted after great delay in order to avoid

          any medical examination. It is next submitted that appellants will

          not abscond rather will cooperate in the investigation to prove

          their innocence.

                          5. Learned Spl. P.P. for the State as well as the

          learned counsel appearing on behalf of the respondent no. 2

          opposes the appeal, but then are not in a position to rebut the

          submission of the learned counsel appearing on behalf of the

          appellants that the FIR was instituted after much delay and had

          any occurrence of the nature as alleged would have taken place, in

          that event the appellants would not have threatened the informant

          of making the video viral and thus would have been implicated.
            Patna High Court CR. APP (SJ) No.4561 of 2025(2) dt.02-02-2026
                                                         4/4




                                      6. In view of the submissions made by the learned

                      counsel for the appellants, the order dated 09.10.2025 in A.B.P.

                      No. 2530 of 2025 passed by the learned 1st Additional Sessions

                      Judge, Bhojpur at Ara in connection with Ara Town P.S. Case No.

                      505 of 2025, is hereby set aside and the appellants above-named,

                      in the event of their arrest or surrender before the learned Court

                      below within a period of six weeks from today, be released on

                      anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees

                      Five 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 Ara Town P.S. Case

                      No. 505 of 2025 subject to the conditions as laid down under

                      Section 482 (2) of the BNSS.

                                   7. Accordingly, the appeal stands allowed.

                                    8. Pending application(s), if any, shall stand disposed

                      of.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T


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