Patna High Court
Akhilesh Singh @ AkhileshshiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order rejecting anticipatory bail and directed that bail be granted to the appellant.
Summary
Akhilesh Singh appealed against the order of the Exclusive Special Judge dated 21‑09‑2024 which rejected his application for anticipatory bail in a case involving offences under several sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the informant was threatened and abused with caste slurs when she refused to pay money demanded for property registration. The appellant contended that he had merely attempted to pacify the dispute and that no overt act or caste‑based abuse by him was alleged, rendering the SC/ST Act provisions inapplicable. The Special Public Prosecutor opposed the bail. The Patna High Court, after considering the general and omnibus nature of the accusations and the lack of specific allegations against the appellant, set aside the lower court’s order and granted anticipatory bail, directing the appellant to furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the appellant is liable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged caste‑based abuse.
- Whether the allegations under the listed IPC sections constitute a case for which anticipatory bail can be denied.
- Whether the lower court erred in rejecting the appellant's application for anticipatory bail.
Legislation cited
- Indian Penal Code — s. 323, 341, 385, 419, 420, 467, 468, 471, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v-a), 3(i)(r), 3(i)(s), 3(i)(w)
Subjects
- anticipatory bail
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- Indian Penal Code
- caste discrimination
- bail jurisdiction
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4784 of 2024
Arising Out of PS. Case No.-53 Year-2023 Thana- SC/ST District- Gaya
======================================================
Akhilesh Singh @ Akhileshshi S/o- Late Shivnandn Singh @ Shiv Singh
Village- Barwan Thaman Bigha Ps- Sherghati Dist- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Hira Lal Das S/o- Late Ram Kewal Das Village- Thewaichak Po- Chilim Ps-
Sherghati Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Ratneshwar Prasad, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 02-04-2026 Heard learned counsel appearing for the appellant and
learned Special Public Prosecutor appearing for the respondent-
State.
2. Despite valid service of notice, no body appears on
behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 21.09.2024 passed in a case registered for the offence
punishable under Sections 341, 323, 419, 420, 467, 468, 471,
385, 504 and 506 of the Indian Penal Code and Sections 3(i)(r)
(s)(w) and 3(2)(v-a) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, whereby the prayer for
Patna High Court CR. APP (SJ) No.4784 of 2024(7) dt.02-04-2026
2/3
grant of anticipatory bail to the appellant has been rejected.
4. The prosecution case, in brief, is that on
13.06.2016, the informant had gone to deposit rent in the Anchal
Office, Sherghati, where, one of the official present in the office
apprised the informant of the fact that her mother is no more
owner of the property and started demanding money to insert
her name. It is further alleged that when the informant refused to
pay the money, he was abused by caste name and threatened to
be implicated in false case.
5. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that appellant is only alleged to have tried to pacify the
matter. There is absolutely no allegation of any overt act or
abuse by caste name against this appellant and as such, no case
under the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is made out against this appellant.
6. Learned Spl. P.P. appearing for the respondent-State
has opposed the prayer for grant of anticipatory bail to the
appellant.
7. Considering the facts and circumstances of the case
Patna High Court CR. APP (SJ) No.4784 of 2024(7) dt.02-04-2026
3/3
and general and omnibus nature of accusation, this appeal is
allowed and the impugned order dated 21.09.2024 passed by the
learned Exclusive Special Judge, S.C./S.T. (POA) Act, Gaya in
connection with Gaya SC/ST P.S. Case No. 53 of 2023 is hereby
set aside with respect to this appellant only.
8. Accordingly, let the appellant, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, S.C./S.T. (P.O.A.) Act, Gaya in
connection with Gaya S.C./S.T. P.S. Case No. 53 of 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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