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Patna High Court

PRINCE SINGHversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court set aside the lower court’s refusal and granted anticipatory bail to all appellants except Prince and Suresh, subject to bail bonds and conditions.

Summary

The appellants were charged under the SC/ST (Prevention of Atrocities) Act and several IPC provisions for allegedly forcibly ploughing a landowner’s field, assaulting his son with a knife, injuring another person with a club, and threatening family members with a gun. They filed an appeal under Section 14‑A(2) of the SC/ST Act against the Special Judge’s refusal to grant anticipatory bail. The State and the informant argued that specific assaults were detailed in the FIR and that the injuries were medically documented. The appellants contended that they were falsely implicated and that the allegations were vague and stemmed from a land dispute. The Patna High Court set aside the lower court’s order and granted anticipatory bail to all appellants except Prince and Suresh, imposing a bail bond of Rs 5,000 with two sureties and conditions under Section 482(2) of the CrPC. The court declined to extend bail to Prince and Suresh, indicating a differentiated assessment of their alleged involvement.

Issues considered

  • Whether the refusal to grant anticipatory bail under Section 14‑A(2) of the SC/ST Act is justified in the present facts.
  • Whether the specific allegations in the FIR warrant denial of anticipatory bail.
  • Whether the court can exercise its inherent powers under Section 482(2) of the CrPC to grant anticipatory bail in cases involving offences under the SC/ST Act and IPC.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • scheduled caste atrocities
  • IPC offences
  • land dispute
  • false implication
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5039 of 2024
                     Arising Out of PS. Case No.-38 Year-2024 Thana- SC/ST District- East Champaran
                 ======================================================
           1.     PRINCE SINGH S/O SURENDRA SINGH VILLAGE- MANANPUR P.S-
                  KALYANPUR DISTRICT- EAST CHAMPARAN.
           2.    Rajesh Singh S/O Late Chandrika Singh Resident of Village- Mananpur P.S-
                 Kalyanpur District- East Champaran.
           3.    Prashant Kumar@Prashant Singh S/o Suresh Singh Resident of Village-
                 Mananpur P.S-Kalyanpur District- East Champaran.
           4.    Yashwan Kumar @Yashwant Singh S/o Hari Singh Resident of Village-
                 Mananpur P.S-Kalyanpur District- East Champaran.
           5.    Aman Kumar S/o Raj Kishore Singh Resident of Village- Mananpur P.S-
                 Kalyanpur District- East Champaran.
           6.    Shivam Kumar @ Shivam Dubey S/o Bhageshwar Dubey Resident of
                 Village- Mananpur P.S-Kalyanpur District- East Champaran.
           7.    Suresh Singh @ Jitendra Singh S/o late Laxan Singh Resident of Village-
                 Mananpur P.S-Kalyanpur District- East Champaran.
           8.    Ravindra Singh @ Shauli Singh S/o Late Raghunath Singh Resident of
                 Village- Mananpur P.S-Kalyanpur District- East Champaran.
           9.    Sanjay Singh S/o Bikrama Singh Resident of Village- Mananpur P.S-
                 Kalyanpur District- East Champaran.
           10. Surendra Singh S/o Late Laxan Singh Resident of Village- Mananpur P.S-
               Kalyanpur District- East Champaran.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Hargen Paswan S/O Late Nawrangi Paswan Resident of Village- Mananpur
                 P.S-Kalyanpur District- East Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Subodh Kumar Barnwal, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   30-03-2026                     1. Heard learned counsel for the appellants, learned

                   Spl. P.P. for the State, Ms. Usha Kumari 1 and the learned

                   counsel appearing on behalf of the informant.
Patna High Court CR. APP (SJ) No.5039 of 2024(4) dt.30-03-2026
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                          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

          order dated 10.09.2024 in A.B.P. No. 3852 of 2024 passed by

          the learned Special Judge S.C./S.T. (POA) Act, East Champaran

          in connection with Motihari SC/ST P.S. Case No. 38 of 2024

          registered for the offences punishable under Sections 147, 341,

          323, 324, 307, 327, 354, 379 and 504 of the Indian Penal Code

          as well as Sections 3(i)(r)(s) and 3(2)(v) of the SC/ST Act.

                          3. Learned counsel for the appellants submits that

          appellant nos. 6, 7, 8, 9 and 10 have antecedent of one case and

          rest of the appellants are persons with clean antecedent and the

          informant alleges that accused persons including the appellants

          along with 4-5 unknown accused came and started forcibly

          ploughing his land, on objection, all the accused abused him by

          taking caste name and Prince assaulted his son Chotan by knife

          causing cut injury on his finger while Suresh assaulted Ram

          Kumar by farsa causing injury on head and when female

          members of the family along with others came to save them,

          other accused persons assaulted them by lathi, danda rod etc.

          while Sanjeev and Shivam threatened by gun and tore the cloth
Patna High Court CR. APP (SJ) No.5039 of 2024(4) dt.30-03-2026
                                             3/4




          of female members of informant’s family.

                          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

          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 also submitted that allegation of abuse

          and assault is not specific.

                          5. Learned Spl. P.P. for the State as well as the

          learned counsel appearing on behalf of the informant opposes

          the appeal. Learned counsel appearing on behalf of the

          informant submits that specific allegation of assaulting Chotan

          by knife causing cut injury on his finger is against Prince while

          Suresh is alleged to have assaulted Ram Kumar by farsa causing

          injury on head. It is also submitted that the injured has been

          treated in the hospital.

                          6. After hearing the learned counsel for the parties,

          the order dated 10.09.2024 with respect to appellant nos. 2, 3, 4,

          5, 6, 8, 9 and 10, 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.5039 of 2024(4) dt.30-03-2026
                                                         4/4




                      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 Motihari SC/ST P.S. Case No. 38 of

                      2024 subject to the conditions as laid down under Section 482

                      (2) of the BNSS.

                                      7. However, the Court is not inclined to extend the

                      privilege of anticipatory bail to Prince and Suresh i.e. appellant

                      nos. 1 and 7 respectively.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T


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