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Patna High Court

Satish Singh @ Chhatish Singh @ Chhatis Singh @ Chatish Singh @ Satish Kumar @ Satish Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court held that the lower court’s order rejecting anticipatory bail was unsustainable and set it aside, granting bail under Section 438(2) CrPC.

Summary

Satish Singh was charged under several provisions of the Indian Penal Code and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for an alleged knife assault on 21 March 2025, with the FIR lodged two days later. He applied for anticipatory bail, which the Additional Sessions Judge rejected, prompting an appeal. The appellant argued that the FIR was delayed, the injury report did not corroborate a knife injury, and that he had been falsely implicated, while noting that the notice to the co‑accused was properly served. The High Court examined these contentions, held that the lower court’s refusal to grant bail was not justified, and set aside the order dated 22‑08‑2025. Consequently, the appeal was allowed and the appellant was directed to be released on bail of Rs 5,000 with two sureties, subject to the conditions of Section 438(2) of the Criminal Procedure Code.

Issues considered

  • Whether the rejection of the appellant’s anticipatory bail under the SC/ST Act and IPC provisions was legally justified.
  • Whether procedural lapses such as delay in filing the FIR and discrepancies in the injury report warrant granting bail.
  • Whether the service of notice to the co‑accused and his non‑appearance affect the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • injury report
  • bail conditions
  • Criminal Procedure Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5220 of 2025
                        Arising Out of PS. Case No.-15 Year-2025 Thana- SC/ST District- Gopalganj
                 ======================================================
                 Satish Singh @ Chhatish Singh @ Chhatis Singh @ Chatish Singh @ Satish
                 Kumar @ Satish Kumar Singh S/o Ramayan Singh R/o Village- Jamuniya,
                 PS- Vishambharpur, District- Goplaganj

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Tarani Ram S/o Late Horil Ram R/o vill - Jamuniya, Bherihari Tola, P.S.-
                 Vishambharpur, Distt.- Gopalganj

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Lokesh Kumar Singh
                 For the Respondent/s     :        Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   06-07-2026                  1. Heard learned counsel for the appellant and the

                   learned Special Public Prosecutor for the State.

                                2. The learned counsel appearing on behalf of the

                   appellant submits that from perusal of office report dated

                   29.06.2026, it would manifest that the notice has been validly

                   served upon respondent no.2, but then respondent no.2 despite

                   receiving notice chooses not to appear and contest.

                                3. The        appellant has challenged the order dated

                   22.08.2025 passed by the learned Additional Sessions Judge-XI-

                   cum-Special Judge, SC/ST Act, Gopalganj in connection with

                   ABP No.1975 of 2025 arising out of Gopalganj SC/ST P. S.

                   Case No.15 of 2025, instituted for the offences under Sections
Patna High Court CR. APP (SJ) No.5220 of 2025(4) dt.06-07-2026
                                             2/3




          126(2), 115(2), 118(1), 351(2), 352, 3(5) of the B.N.S. and

          Sections 3(1)(r),3(1)(s) of the Scheduled Castes & Scheduled

          Tribes (Prevention of Atrocities) Act, whereby his prayer for

          grant of anticipatory bail has been rejected.

                       4. The learned counsel appearing on behalf of the

          appellant submits that appellant has antecedent of three cases

          and the informant alleges that appellant was abusing him by

          taking caste name at Pakri crossing on 21.03.2025, on objection

          appellant assaulted him by knife causing injury on rib passersby

          saved him and admitted the informant in referral Hospital from

          where he was referred to Sadar Hospital, Gopalganj.

                       5. The learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that date of

          occurrence is 21.03.2025 and the FIR came to be instituted on

          23.03.2025 i.e. after a delay of two days. It is also submitted

          that though informant alleges that he was assaulted by knife

          causing injury on rib, but then the injury report (Annexure-3)

          belies the allegation of assault by knife as the injury report

          records shoulder pain. It is next submitted that this perhaps

          explains why informant despite receiving notice chooses not to
               Patna High Court CR. APP (SJ) No.5220 of 2025(4) dt.06-07-2026
                                                            3/3




                         appear and contest.

                                      6. The learned Special P. P. opposes the anticipatory

                         bail application.

                                      7. Regard being had to the aforesaid submissions, the

                         order dated 22.08.2025 is set-aside.

                                      8. The appeal stands allowed.

                                      9. The appellant, above-named, in the event of his

                         arrest or surrender before the learned Court below within a

                         period of six weeks, is directed to be released on bail on his

                         furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five

                         Thousand) with two sureties of the like amount each to the

                         satisfaction of learned Additional Sessions Judge-XI-cum-

                         Special Judge, SC/ST Act, Gopalganj in connection with ABP

                         No.1975 of 2025 arising out of Gopalganj SC/ST P. S. Case

                         No.15 of 2025, subject to the conditions laid down under

                         Section 438(2) of the Cr.P.C.



                                                    (Satyavrat Verma, J)
vikash/-

U          T


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