Patna High Court
Shiv Nandan Singh @ NunuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The appeal is allowed; the order denying anticipatory bail is set aside and the appellant is granted anticipatory bail.
Summary
Shiv Nandan Singh appealed against the denial of anticipatory bail in a SC/ST case where he was alleged to be one of seven accused who allegedly assaulted a complainant at his house. The prosecution alleged caste-based abuse and assault with an iron rod, but the appellant contended he was falsely implicated and the assault charge pertained to another co‑accused, Mithilesh Singh. The High Court examined the FIR allegations, noted the lack of direct involvement of the appellant, and considered his willingness to cooperate with the investigation. Finding the allegations vague and the primary assault not attributable to him, the Court set aside the lower court’s order denying bail. Consequently, the appellant was directed to be released on anticipatory bail upon furnishing a bail bond and sureties.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite the FIR alleging involvement in a caste‑based assault under the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act
- Whether the allegations against the appellant are sufficient to justify denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352
Subjects
- anticipatory bail
- SC/ST Act
- Bharatiya Nyaya Sanhita
- false implication
- caste based assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4622 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- SC/ST District- Bhagalpur
======================================================
Shiv Nandan Singh @ Nunu S/O Gobind Singh Resident Of Village- Bhallu
Sujan, P.S- Kahalgaon, Distt.- Bhagalpur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Siyaram Harizan S/O Late Birbal Harizan R/O Village- Bhallu Sujan, P.S-
Kahalgaon, Distt.- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Saurabh Raj, Advocate
Mr. Ravi Prakash Dwivedi, Advocate
For the State : Mr. Sadanand Paswan, SPP
For Respondent no.2 : Dr. Manoj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the parties.
2. The instant appeal has been preferred against the
order dated 16.10.2025 passed in Anticipatory Bail Petition
no.2370 of 2025 by the learned District & Additional Sessions
Judge-III-cum-Special Judge (SC & ST Act), Bhagalpur and for
grant of anticipatory bail in connection with Bhagalpur SC/ST
P.S Case no.32 of 2025 registered under sections 126(2), 115(2),
118(1), 117(2), 303(2), 329(3), 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and section 3(1)(r)(s) of the SC
and ST (Prevention of Atrocities) Act, 1989.
3. As per the prosecution case, the informant states
Patna High Court CR. APP (SJ) No.4622 of 2025(3) dt.23-02-2026
2/3
that the seven named accused persons came at his house, abused
him in the name of his caste and Mithilesh Singh assaulted him
with an iron rod causing serious injuries.
4. Learned counsel for the appellant submits that the
appellant has been falsely implicated in the case. Besides the
allegations being general and omnibus in nature, the occurrence
is said to have taken place at the house of the informant and not
in public view. The allegation of assault is not on the appellant
but on Mithilesh Singh. The appellant undertakes to cooperate
in the investigation/trial.
5. The appeal is opposed by learned Special Public
Prosecutor for the State and learned counsel for the respondent
no.2.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
submissions made on behalf of the appellant and the allegation
of assault being mainly on the co-accused and not the appellant,
the Court is inclined to allow the instant appeal.
7. The appeal is allowed and the order dated
16.10.2025 passed in Anticipatory Bail Petition no.2370 of 2025
by the learned District & Additional Sessions Judge-III-cum-
Special Judge, SC/ST (POA) Act, Bhagalpur is set aside.
Patna High Court CR. APP (SJ) No.4622 of 2025(3) dt.23-02-2026
3/3
8. It is directed that the appellant above named, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Bhagalpur SC/ST P.S Case no.32 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned District & Additional Sessions Judge-III-cum-Special
Judge, SC/ST (POA) Act, Bhagalpur.
(Partha Sarthy, J)
sauravkrsinha/-
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