Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court held that bail may be granted in SC/ST Act cases where the allegations are not conclusively proved and the appellant is not a flight risk, subject to stringent conditions.
Summary
The appellant Mukesh Kumar appealed against the refusal of regular bail by the Exclusive Special Judge SC/ST in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, alleging that he was falsely implicated in an alleged assault on a woman. The prosecution alleged that the appellant, along with another accused, had abducted and assaulted the complainant, while the defence claimed the allegations were fabricated due to village politics. The High Court examined whether the lower court’s denial of bail was justified given the nature of the offence, the appellant’s alleged criminal antecedent, and the possibility of tampering with evidence. It held that bail could be granted subject to strict conditions, including surety, cooperation with the trial, and verification of antecedents. Consequently, the appellate court set aside the lower court’s order, granted bail on a bond of Rs. 10,000 with two sureties, and imposed conditions for cancellation, thereby allowing the appeal.
Issues considered
- Whether bail should be granted to an accused under the SC/ST Act despite the seriousness of the alleged atrocity.
- Whether the lower court’s refusal of bail was justified on the basis of the charges and the appellant’s criminal antecedent.
- Whether conditions such as verification of antecedents and prohibition of evidence tampering are appropriate for bail in SC/ST cases.
Legislation cited
- B.N.S., 2023 — s. 3(5), 76
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(ii), 3(2)(va), 3(i)(r)(s)
Subjects
- bail
- Scheduled Castes and Scheduled Tribes Act
- atrocity offence
- criminal antecedent
- evidence tampering
- preventive bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4597 of 2025
Arising Out of PS. Case No.-465 Year-2025 Thana- GARKHA District- Saran
======================================================
Mukesh Kumar S/o- Shrvan Singh Village- Sadhpur Police station- Garkha
District-Saran Chapra
... ... Appellant/s
Versus
1. The State of Bihar
2. Khushi Paswan S/o- Sanjay Paswan R/v- Enai Mukrera Ps- Revelganj Dist-
Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Brij Kishor Mishra, Advocate
For the Resp. No. 2 : Mr. Dewendra Narayan Singh, Advocate
For the State : Mrs. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 01-04-2026 Heard Mr. Brij Kishor Mishra, learned counsel
appearing for the appellant, Mr. Dewendra Narayan Singh,
learned counsel for the Respondent No. 2 and Mrs. Usha
Kumari 1, learned Special Public Prosecutor for the State.
2. This is an appeal under Sections 14(A)(ii) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act (hereinafter referred to as the “SC/ST Act”)
against the refusal of prayer for regular bail vide order dated
12.08.2025 passed by the learned Exclusive Special Judge
SC/ST, Saran at Chapra in connection with Garkha P.S. Case
No. 465 of 2025, F.I.R. dated 21.06.2025 registered under
Sections 76, 3(5) of the B.N.S., 2023 and Sections 3(i)(r)(s)/3(2)
Patna High Court CR. APP (SJ) No.4597 of 2025(4) dt.01-04-2026
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(va) of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act.
3. The prosecution case, in short, is that the informant
had come to her maternal uncle house on the occasion of
marriage from where on 20.06.2025 at 08:00 P.M. while she
went to natural call and appellant Mukesh Kumar and Alok
Kumar Singh caught her from the backside and taken away
towards dark place and in that course Mukesh Kumar had shut
down her mouth while Alok Kumar had caught her. It is further
stated that she started shouting for help in result the villagers
came there to rescue her. Appellant Mukesh Kumar was caught
while another anyhow fled away from the place.
4. Learned counsel for the appellant submits that the
appellant is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the appellant has not
committed any offence as alleged in the F.I.R. and the appellant
has been made accused due to village politics and no such
occurrence had taken place. He further submits that the police
after investigation submitted chargesheet against the appellant
and the appellant is in custody since 21.06.2025.
5. Learned counsel for the Respondent No. 2 as well
Patna High Court CR. APP (SJ) No.4597 of 2025(4) dt.01-04-2026
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as learned Special Public Prosecutor for the State, on the other
hand, vehemently opposed the prayer for bail of the appellant
and submits that the appellant is involved in the present crime in
question and apart from that the appellant carries one more case
of almost similar nature but fairly submits on the basis of
paragraph-3 of the bail petition that the appellant is on bail in
the pending matter.
6. Considering the facts and circumstances of the
case, let the appellant, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge SC/ST, Saran at Chapra in connection
with Garkha P.S. Case No. 465 of 2025, with the following
conditions :-
(1) Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the appellant tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
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(3) And, further condition that the court below shall
verify the criminal antecedent of the appellant and in case at any
stage, it is found that the appellant has concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the appellant. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Ibrar//-
U t
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