Patna High Court
Rupesh Kumar @ Bittu Singh @ Biddu SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and anticipatory bail is granted subject to conditions and verification of criminal antecedents.
Summary
The appellants were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Bihar Negotiable Sale Act for allegedly assaulting an informant, abusing his caste, and stealing a locket while a land dispute was in progress. They filed an application for anticipatory bail under Section 14‑A(2) of the SC/ST Act, which was denied by the Exclusive Special Judge. On appeal, the High Court examined the allegations, the criminal antecedents of the accused, and the procedural propriety of the lower court’s order. The Court set aside the Special Judge’s refusal and granted provisional anticipatory bail, subject to a bond, sureties and verification of the accused’s prior convictions. It directed that if the accused have more than the stipulated number of prior cases, the bail would be cancelled; otherwise, it would be confirmed. The appeal was allowed.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 14‑A(2) of the SC/ST Act despite the serious nature of the allegations.
- Whether the criminal antecedents of the appellants justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- criminal antecedent
- Section 14-A
- Section 482
- high court
- special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4657 of 2025
Arising Out of PS. Case No.-151 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
1. Rupesh Kumar @ Bittu Singh @ Biddu Singh S/O Ashok Singh @ Late
Ashok Prasad Singh R/O Village- Ward No. 07, Nowkothi @ Naokothi @
Nawkothi, P.S- Nowkothi @ Naokothi @ Nawkothi, Distt.- Begusarai, Pin-
851130.
2. Anjani Singh @ Anjani Kumar S/O Abadh Kisor Singh@Abadh Singh
Kisor@Awadhesh Singh@Awadh Kishor Prasad
Singh@AwadhKishorPrSingh R/O Village- Ward No. 05, Nowkothi @
Naokothi @ Nawkothi, P.S- Nowkothi @ Naokothi @ Nawkothi, Distt.-
Begusarai, Pin- 851130.
3. Uttam Singh @ Uttam Kumar S/O Vimal Singh @ Bimal Singh R/O
Village- Ward No. 03, Nowkothi @ Naokothi @ Nawkothi, P.S- Nowkothi
@ Naokothi @ Nawkothi, Distt.- Begusarai, Pin- 851130.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sanjay Paswan S/O Vimal Paswan R/O Village- Chakka, P.S- Nowkothi @
Naokothi @ Nawkothi, Distt.- Begusarai, Pin- 851130.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arvind Kumar, Adv
For the Informant : Mr. Subhesh Pandey, Adv
For the Respondent/s : Ms. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-01-2026 Heard learned counsel for the appellants, Ms. Usha
Kumari learned Spl. PP. for the State and learned counsel for the
informant.
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
Patna High Court CR. APP (SJ) No.4657 of 2025(2) dt.06-01-2026
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order dated 04.11.2025 in A.B.P. No. 2179 of 2025 passed by
the learned Exclusive Special Judge S.C./S.T (PoA) Act,
Begusarai, in connection with Nowkothi P.S. Case No. 151 of
2025 registered for the offences punishable under Sections
109(1), 303(2), 351, 3(5) of the B.N.S. and Section 3(1)(r),
(s)/3(2) (va) of the SC/ST (PoA) Act.
3. Learned counsel for the appellants submits that the
I.A. No. 1 of 2025 was filed for taking the case out of turn and
accordingly a mentioning was made yesterday on the ground
that the daughter of appellant no. 2 is getting married on
29.01.2026 as such the case was taken up out of turn. It is next
submitted that the appellant no. 1 has antecedent of seven cases,
appellant no. 2 has antecedent of three cases and antecedent no.
3 has antecedent of one case. It is further submitted that from
perusal of the allegation as alleged in the FIR it would manifest
that informant alleges that on 12.07.2025 at about 10:00 A.M.,
while he was watering his field, the accused persons including
the appellants came and started abusing him by taking his caste
name and objected by pouring water in the field on which an
objection was raised by Balram Paswan. It is further alleged that
the accused person including the appellants assaulted with lathi
and danda causing injury to Balram Paswan on his head and the
Patna High Court CR. APP (SJ) No.4657 of 2025(2) dt.06-01-2026
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informant on account of assault and the accused person took
locket of Balram Paswan worth Rs. 1250/-.
4. 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 from perusal of the
allegation as alleged in the FIR it would manifest that on
account of dispute relating to land the occurrence is alleged to
have taken place. It is next submitted that when accused persons
including the appellants saw the informant watering the field as
such they objected when an altercation took in which both side
assaulted each other. It is next submitted that even allegation of
abuse is general and omnibus in nature. It is further submitted
that it does not appear probable that appellants in one go would
have abuse the informant. It is also submitted that injury was
suffer from both the side and the injury suffer from the side of
the informant has been opined to be simple in nature.
5. Learned Spl. P.P. for the State and learned counsel
for the informant oppose the prayer for anticipatory bail of the
appellant. The learned counsel for the informant is not in a
position to rebut the submission of the learned counsel
appearing on behalf of the appellants that the occurrence took
place on account of dispute relating to land but then it is
Patna High Court CR. APP (SJ) No.4657 of 2025(2) dt.06-01-2026
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submitted that appellants have not approached this Court with
clean hands rather they have concealed their criminal
antecedents.
6. In view of the submissions made by the learned
counsel for the appellants, the order dated 04.11.2025 in A.B.P.
No. 2179 of 2025 passed by the learned Exclusive Special Judge
S.C./S.T (PoA) Act, Begusarai, in connection with Nowkothi
P.S. Case No. 151 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 Provision anticipatory bail on furnishing bail bonds
of Rs. 25,000/- (Rupees Twenty-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 Nowkothi P.S. Case No. 151 of 2025 subject to
the conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the appellants and in the
event if it is found that appellant no. 1 has antecedent of more
than seven cases and appellant no. 2 has antecedent of more
than of three cases and appellant no. 3 has antecedent of more
than one case in that event the provisional anticipatory bail shall
be cancelled forthwith but if it is found that appellant no. 1 has
Patna High Court CR. APP (SJ) No.4657 of 2025(2) dt.06-01-2026
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antecedent of seven cases and appellant no. 2 has antecedent of
three cases and antecedent no. 3 has antecedent of one case in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
8. Accordingly, the appeal stands allowed.
9. I.A. No. 1 of 2025 stands disposed of.
(Satyavrat Verma, J)
Jyoti/-
U T
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