Patna High Court
Anil Singh @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that anticipatory bail must be granted, setting aside the trial court’s refusal.
Summary
The appellants, Anil Singh, Manoj Kumar and Maharaj Singh, were charged under several sections of the Bihar Negotiable Securities Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant, abusing his caste, and stealing Rs.9,000 along with a motorcycle. They contended that they have clean antecedents and were falsely implicated, arguing that the FIR’s allegations were vague and lacked independent witnesses. The trial court refused their prayer for anticipatory bail under Section 14‑A(2) of the SC/ST Act. The appellants filed an appeal, and the High Court condoned a 31‑day delay, finding the FIR insufficiently specific and noting the stringent nature of the SC/ST Act. Consequently, the High Court granted anticipatory bail with conditions under Section 482(2) of the BNS Act, set aside the lower court’s order, and allowed the appeal.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 14‑A(2) of the SC/ST Act despite the FIR alleging caste‑based assault and theft.
- Whether the FIR discloses a cognizable offence with sufficient specificity to deny bail.
- Whether the 31‑day delay in filing the appeal can be condoned.
Legislation cited
- Bihar Negotiable Securities Act — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- false implication
- Section 14-A
- Section 482
- FIR specificity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4587 of 2025
Arising Out of PS. Case No.-333 Year-2024 Thana- TILAUTHU District- Rohtas
======================================================
1. Anil Singh @ Anil Kumar S/O Moharaj Singh @ Maharaj Mahto R/O
Village- Pathra, P.S- Tilouthu, Distt.- Rohtas.
2. Manoj Kumar S/O Maharaj Singh @ Maharaj Mahto R/O Village- Pathra,
P.S- Tilouthu, Distt.- Rohtas.
3. Maharaj Singh @ Maharaj Mahto S/O Late Sahdeo Mahto R/O Village-
Pathra, P.S- Tilouthu, Distt.- Rohtas.
... ... Appellant/s
Versus
1. The State of Bihar
2. Arvind Kumar S/O Ganesh Paswan R/O Village- Alinagar, P.O-
Maharajganj, P.S- Tilouthu, Distt.- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ajay Kumar Tiwari
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-07-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State, Sri Sadanand Paswan and the learned
counsel appearing on behalf of the informant, Sri Vijay Anand.
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 30-6-2025 passed by the learned District &
Additional Sessions Judge-17-cum-Special Judge S.C./S.T.
(POA) Act, Rohtas at Sasaram in connection with Tilouthu P.S.
Patna High Court CR. APP (SJ) No.4587 of 2025(3) dt.06-07-2026
2/3
Case No. 333 of 2024 registered for the offences punishable
under Sections 126(2), 115(2), 303(2) 352, 351(2) and 3(5) of
the BNS as well as Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the
SC/ST Act.
3. In view of the grounds taken in the limitation
application, delay of 31 days in filing the appeal is condoned, as
such the I.A. No. 1 of 2025 is allowed.
4. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and the informant
alleges that he was going to the market on 10-10-2024 at 4 PM,
when he was intercepted by the accused persons including the
appellants, who abused by taking caste name and also assaulted
by fist and snatched Rs. 9,000/- along with a motorcycle and
chain.
5. Learned counsel for the appellants submits that the
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that SC/ST Act is a stringent act
and from perusal of the allegation as alleged in the FIR, it would
manifest that the allegation of abuse and assault is general and
omnibus in nature. It is also submitted that allegation of
snatching Rs. 9,000/- along with motorcycle is ornamental in
nature. It is further submitted that FIR does not disclose that any
Patna High Court CR. APP (SJ) No.4587 of 2025(3) dt.06-07-2026
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independent witness witnessed the occurrence.
6. Learned Spl. P.P. for the State and learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the appellants.
7. Considering the aforesaid facts, let the appellants
above-named, in the event of their arrest or surrender 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 trial court where the case is pending/successor
court in connection with the aforesaid case, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
8. Accordingly, the impugned order is set aside and
the appeal stands allowed.
(Satyavrat Verma, J)
Sumit/-
U T
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