Patna High Court
Binod Kumar Singh @ Bablu Singh @ Vinod Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order rejecting bail is set aside, granting bail to the appellant.
Summary
The appellant, Binod Kumar Singh, was charged under several provisions of the Bihar Narcotic Substitution (B.N.S.) Act, the Arms Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and his bail application was rejected by a lower court. He contended that he was merely seen fleeing the scene and was not identified as the perpetrator, and that no caste-based abuse was alleged against him. The prosecution and the informant opposed bail, arguing the seriousness of the offences and the material uncovered during investigation. The Patna High Court examined the lack of direct identification and the absence of a specific caste atrocity allegation, finding the evidence insufficient to justify continued detention. Consequently, the Court set aside the lower court’s order and granted bail to the appellant upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the appellant is entitled to bail despite charges under the B.N.S., Arms Act and SC/ST (Prevention of Atrocities) Act.
- Whether the evidence, particularly the identification testimony, establishes a prima facie case against the appellant.
- Whether the alleged offence falls within the ambit of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 103, 190, 191(3), 61(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v), 3(2)(va)
Subjects
- bail
- identification evidence
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- Arms Act
- criminal procedure
- caste-based offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4968 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Binod Kumar Singh @ Bablu Singh @ Vinod Kumar Singh S/O Late
Ramchandra Singh R/O Vill.- Panhas, P.S.- Lohiyanagar (Town), Dist.-
Begusarai.
... ... Appellant/s
Versus
1. The State of Bihar
2. Umesh Singh S/O Late Ramsagar Singh R/O Vill.- Bikrampur, P.S.- Cheriya
Bariyarpur, Dist.- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Pushpendra Kumar Singh, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
For the Informant : Mr. Amalendu Shekhar Thakur, Advocate
Mr. Shubhesh Pandey, Advocate
Mr. Amit Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 19-03-2026 Heard learned senior counsel appearing for the
appellant, learned Special Public Prosecutor appearing for the
respondent-State and learned counsel appearing for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 12.11.2025 passed in a case registered for the offence
punishable under Sections 103, 61(2), 190 and 191(3) of the
B.N.S., Section 27 of the Arms Act and Sections 3(1)(r)(s), 3(2)
(va) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes
Patna High Court CR. APP (SJ) No.4968 of 2025(3) dt.19-03-2026
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(Prevention of Atrocities) Act, whereby the prayer for grant of
bail to the appellant has been rejected.
3. Earlier, the prayer for grant of bail to the appellant
was rejected by a Co-ordinate Bench of this Hon’ble Court vide
order dated 18.09.2025 passed in Cr. Appeal (SJ) No. 1663 of
2025.
4. It is submitted by learned senior counsel appearing
on behalf of the appellant that appellant is quite innocent and
has committed no offence. During trial, three witnesses were
examined by the prosecution and two of them did not identify
this appellant. P.W. 3 stated that he saw three persons, including
this appellant, fleeing from the place of occurrence and as such,
he has not claimed to have seen this appellant committing the
alleged offence. At best, this appellant was only seen fleeing
from the place of occurrence. Moreover, there is absolutely no
allegation of 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.
Appellant is in custody since 16.03.2025.
5. Learned Spl. P.P. appearing for the respondent-State
and learned counsel for the informant/Respondent No. 2 have
Patna High Court CR. APP (SJ) No.4968 of 2025(3) dt.19-03-2026
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vehemently opposed the prayer for grant of bail to the appellant.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, materials that
have surfaced during investigation and period of custody, this
appeal is allowed and the impugned order dated 12.11.2025
passed by the learned Exclusive Special Judge, S.C./S.T. (POA)
Act, Begusarai in connection with Nawkothi P.S. Case No. 05 of
2025 is hereby set aside with respect to this appellant only.
7. Accordingly, let the appellant, named above, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, S.C./S.T. (POA)
Act, Begusarai in connection with Nawkothi P.S. Case No. 05
2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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