Created by Fuzzy Cloud

Patna High Court

Santosh Kumar Singh @ LadduversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside as no offence under the SC/ST Act is made out against the appellants.

Summary

The appellants, Santosh Kumar Singh and Sintu Kumar, were denied anticipatory bail by the Exclusive Special Judge under the SC/ST (Prevention of Atrocities) Act in a case alleging assault, caste-based abuse and several IPC offences. They contended that they were falsely implicated, being brothers of the main accused, and argued that the informant was not a member of a Scheduled Caste, rendering the SC/ST provisions inapplicable. The State opposed the bail application. The Patna High Court held that no offence under the SC/ST Act was made out against the appellants and that the anticipatory bail application was maintainable. Consequently, the appeal was allowed, the Special Judge’s order was set aside, and the appellants were directed to be released on bail upon furnishing the prescribed bond and sureties.

Issues considered

  • Whether the appellants are liable to prosecution under the SC/ST (Prevention of Atrocities) Act.
  • Whether the anticipatory bail application filed by the appellants is maintainable.
  • Whether the informant belongs to a Scheduled Caste for the purpose of invoking the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste discrimination
  • assault
  • bail
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4647 of 2024
                      Arising Out of PS. Case No.-46 Year-2024 Thana- Chhaudahi District- Begusarai
                 ======================================================
           1.     Santosh Kumar Singh @ Laddu Son of Sanjay Singh @ Sanjay Kumar
                  Singh Resident of Village- Benga, PS -Chhaurahi (Chhaudahi), Distt.-
                  Begusarai
           2.    Sintu Kumar @ Babul Kumar @ Babul Singh Son of Sanjay Singh @
                 Sanjay Kumar Singh Resident of Village- Benga, PS -Chhaurahi
                 (Chhaudahi), Distt.- Begusarai

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Parvati Devi Wife of Ram Prakash Das Resident of Village- Benga, PS
                 -Chhaurahi (Chhaudahi), Distt.- Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Sarbottam Kumar Sarkar
                 For the Respondent/s     :        Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   12-03-2026                 Heard learned counsel for the appellants and the

                   learned Spl. P.P. for the State. None has appeared on behalf of

                   the Respondent No. 2 despite valid service of notice.

                               2. This appeal is preferred against the order dated

                   22.08.2024 passed by the learned Exclusive Special Judge,

                   SC/ST (POA)Act, Begusarai passed in ABA No. 1535 of 2024

                   arising out of Chhourahi (Chhaudahi) P.S. Case No. 46 of 2024

                   registered for the offence under Sections 341, 323, 354, 366(A),

                   504, 506/34 of the Indian Penal Code and under Sections 3(i)(r)

                   (s)(w), 3(2)(va) of the SC/ST Act, by which the prayer of the
Patna High Court CR. APP (SJ) No.4647 of 2024(5) dt.12-03-2026
                                             2/3




          appellants for anticipatory bail was rejected.

                       3. As per the prosecution case, the appellants are

          accused of assaulting the informant and abusing him by taking

          his caste name.

                       4. Learned counsel for the appellants submits that

          they have been falsely implicated in the present case. It is

          further submitted that the appellants are brothers of the main

          accused, Mintu Kumar, who is alleged to have kidnapped the

          victim girl. He also contends that the informant does not belong

          to a Scheduled Caste but is a member of the Tanti Tatwa caste;

          therefore, no offence under the provisions of the SC/ST Act is

          made out against the appellants.

                       5. Learned counsel for the State has opposed the

          prayer of the appellants.

                       6. Considering the fact that the appellants are the

          brother of the main accused Mintu Kumar, and in the opinion of

          this Court, no offence under the provisions of SC/ST Act is

          made out against the appellants, therefore, this application for

          grant of anticipatory bail is maintainable.

                       7. Considering the rival submissions of the parties and

          the facts of the case, the appeal stands allowed. Accordingly, the

          22.08.2024 passed by the learned Exclusive Special Judge,
            Patna High Court CR. APP (SJ) No.4647 of 2024(5) dt.12-03-2026
                                                         3/3




                      SC/ST (POA)Act, Begusarai passed in ABA No. 1535 of 2024

                      arising out of Chhourahi (Chhaudahi) P.S. Case No. 46 of 2024

                      is hereby set aside.

                                   8. Let the appellants, in the event of their arrest or

                      surrender within four weeks from today, be released on bail on

                      furnishing bail bonds of Rs. 10,000/-(Rupees Ten 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 Chhourahi (Chhaudahi) P.S. Case No.

                      46 of 2024, subject to the conditions laid down under Section

                      438(2) of the Cr. P.C./ Section 482(2) of the BNSS.



                                                          (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.