Patna High Court
Basant Singh @ Basant Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Instruments Act, 2023 — s. 3(5), 64, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s), 3(1)(v), 3(2)(v)
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
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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
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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
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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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