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Patna High Court

Rupesh Kumar @ Bittu Singh @ Biddu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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