Patna High Court
Pintu Kumar Singh @ Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the trial court’s refusal and granted anticipatory bail to the appellants.
Summary
The appellants were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Bihar Negotiable Securities Act, 2023 for allegedly assaulting an informant and her husband after an election-related dispute. They sought anticipatory bail under Section 14‑A(2) of the SC/ST Act, but the Special Judge refused the prayer. The appellants contended that the allegations were vague, the alleged assault was not in public view, the specific abuse charge was against a person not before the court, and there was no injury report to substantiate the claim. The State and the informant could not rebut these points. The Patna High Court, after examining the submissions, set aside the trial court’s order and granted anticipatory bail subject to conditions under Section 482(2) of the Cr.P.C., allowing the appellants to be released if arrested within six weeks.
Issues considered
- The propriety of refusing anticipatory bail under Section 14‑A(2) of the SC/ST Act.
- Whether the allegations of caste‑based abuse and assault are specific enough to justify denial of bail.
- Whether the absence of an injury report and the fact that the alleged assault was not in public view affect the bail decision.
- Validity of the process issued under Section 82 of the Cr.P.C. against one of the appellants.
Legislation cited
- Bihar Negotiable Securities Act, 2023 — s. 115(2), 118, 126(2), 329(3), 3(5), 351(2), 352, 74
- Criminal Procedure Code — s. 482(2), 82
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- Section 14-A
- Section 82 CrPC
- Section 482 CrPC
- electoral dispute
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4687 of 2025
Arising Out of PS. Case No.-81 Year-2024 Thana- SC/ST District- East Champaran
======================================================
1. Pintu Kumar Singh @ Pintu Kumar S/o- Krishna Kunwar Village- Hardibad,
P.S- Pipra, Dist- East Champaran
2. Amit Kumar singh S/o- Vinod Singh Village- Hardiyabad, P.S- Pipra, Dist-
East Champaran
3. Tanwir Alam @ Md. Tanwir Alam S/o- Md. Sabbir @ Md. Sabbir Ali
Village- Hardiyabad, P.S- Pipra, Dist- East Champaran
4. Md. Sahid Raja S/o- Wakil Ahmad Village- Hardiyabad, P.S- Pipra, Dist-
East Champaran
5. Rahul Kumar Singh @ Manish Kumar Singh S/o- Kameshwar Singh
Village- Hardiyabad, P.S- Pipra, Dist- East Champaran
6. Ranjan Kumar Singh S/o- Ram Jatan Singh Village- Sirsiya, P.S- Pipra, Dist-
East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Chanda Devi W/o- Naresh Paswan R/v- Lakhni Ps- Pipra Dist- Motihari
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr/s. Rasika, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Special PP
For the Informant : Mr. Mohan Kumar Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 01-07-2026 1. Heard learned counsel for the appellants, learned
Special P.P. for the State, Mr. Sadanand Paswan and the learned
counsel appearing on behalf of 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.4687 of 2025(4) dt.01-07-2026
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order dated 20.09.2025 in A.B.P. No. 4468 of 2025 passed by
the learned Exclusive Special Judge S.C./S.T. (POA) Act, East
Champaran, Motihari in connection with Motihari SC/ST P.S.
Case No. 81 of 2024 registered for the offences punishable
under Sections 115(2), 126(2), 118, 329(3), 74, 351(2), 352 and
3(5) of the BNS, 2023 as well as Sections 3(1)(r), 3(1)(s) and
3(2)(va) of the SC/ST Act.
3. Learned counsel for the appellants submits that
appellant nos. 1 and 4 have antecedent of one case, appellant
nos. 2, 3 and 5 are persons with clean antecedent and appellant
no. 6 has antecedent of three cases. It is next submitted that
informant alleges that she along with her husband were in their
house when on 28.11.2024 at 08:30 PM, Anil, Raushan, Ranjan,
Pintu, Amit, Rahul, Tanvir and Md. Sahid Raza came to her
house after Anil Singh won PACS election, further the accused
persons abused by taking caste name and on orders of Anil, all
the accused persons started assaulting her husband and Raushan
assaulted her husband by rod causing injury on head while Amit
tore her cloths.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
Patna High Court CR. APP (SJ) No.4687 of 2025(4) dt.01-07-2026
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allegation as alleged in the FIR, it would manifest that on
account of dispute relating to election, the occurrence is alleged
to have taken place. It is further submitted that even presuming
what has been alleged is true without admitting then the entire
occurrence took place at the house of the informant and thus
was not in public view. It is also submitted that as far as
allegation of abuse and assault is alleged, the same is general
and omnibus in nature. It is next submitted that it does not
appear probable that all accused in one go would have abused
the informant and her husband by taking caste name. It is also
submitted that though it is alleged that Raushan assaulted her
husband causing injury on head, but then there is no injury
report on record nor the order impugned records about the
injury. It is further submitted that the order impugned in
mechanical manner rejected the anticipatory bail application of
the appellants. It is also submitted that Raushan is not an
appellant in the instant appeal. It is further submitted that
process under Section 82 Cr.P.C. has been issued against Ranjan
(appellant no. 6), but then Ranjan never received any summon,
bailable warrants or non-bailable warrants nor there is any
service report of the summons on record. It is next submitted
that a quashing application has been filed before this Court
Patna High Court CR. APP (SJ) No.4687 of 2025(4) dt.01-07-2026
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seeking quashing of the order by which process under Section
82 Cr.P.C was issued against Ranjan and the same is pending
adjudication before this Court.
5. Learned Special P.P. for the State and the learned
counsel appearing on behalf of the informant opposes the
appeal, but then are not in a position to rebut the submission of
the learned counsel appearing on behalf of the appellants that
the occurrence did not take place in public view and allegation
of abuse is general and omnibus in nature and specific allegation
of assault is against Raushan who is not an appellant in the
instant appeal.
6. On query of the Court from the learned counsel
appearing on behalf of the informant that what is the nature of
injury suffered by the husband of the informant, on which it is
fairly submitted that there is no injury report on record.
7. After hearing the learned counsel for the parties
and taking into consideration the submissions made by the
learned counsel for the appellants, the order dated 20.09.2025 in
A.B.P. No. 4468 of 2025, is hereby set aside and the appellants
above-named, in the event of their arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
Patna High Court CR. APP (SJ) No.4687 of 2025(4) dt.01-07-2026
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each with two sureties of the like amount each to the satisfaction
of the learned Trial Court where the case is pending/successor
court in connection with Motihari SC/ST P.S. Case No. 81 of
2024 subject to the conditions as laid down under Section 482
(2) of the BNSS.
8. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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