Patna High Court
Mukul Singh Alias Mukesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed the appeal and set aside the order rejecting anticipatory bail, granting bail to the appellant subject to surrender within eight weeks and a bail bond.
Summary
Mukul Singh appealed against the order of the Exclusive Special Judge, Gaya, which had rejected his anticipatory bail application in a case registered under IPC sections 323, 504, 506/34 and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the accused assaulted and caste‑abused the informant, but the appellant argued that he was not named in the FIR and his name only emerged during investigation, with no specific overt act or caste‑abuse allegation against him. The appellant also highlighted his clean antecedent. The High Court, considering the nature of the accusation and the appellant’s non‑naming in the FIR, granted bail on the condition that he surrender within eight weeks, furnishing a bail bond of Rs 10,000 with two sureties. Consequently, the appeal was allowed and the order rejecting anticipatory bail was set aside for the appellant alone.
Issues considered
- Whether anticipatory bail should be granted to an accused who is not named in the FIR but is implicated during investigation.
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act can be sustained against the appellant in the absence of a specific caste‑abuse allegation.
- Whether the appellant’s clean antecedent and lack of a specific overt act warrant the grant of bail.
Legislation cited
- Indian Penal Code — s. 323, 34, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- Indian Penal Code
- bail conditions
- clean antecedent
- FIR
- criminal appeal
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5574 of 2023
Arising Out of PS. Case No.-48 Year-2022 Thana- GAYA MUFASIL District- Gaya
======================================================
Mukul Singh Alias Mukesh Kumar Singh Son Of Indradeo Singh R/O Village
Mahiyarpur, Chata, P.S.- Tankuppa, Dist.- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Munni Devi Wife Of Sudhir Kumar Chaudhary R/O Village - Sohaipur, P.S.-
Muffasil, Dist.- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Onkar Nath, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 12-03-2026 Despite valid service of notice, none appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellant and the
State.
3. This appeal has been filed against the order dated
18.09.2023 passed by learned Exclusive Special Judge, SC/ST
Spl. Court, Gaya in ABP No. 288 of 2023 arising out of
Moffassil P.S. Case No. 48 of 2022 registered under Sections
323, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s)
of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
appellant has been rejected.
Patna High Court CR. APP (SJ) No.5574 of 2023(5) dt.12-03-2026
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4. As per prosecution case, all the F.I.R. named
accused persons assaulted informant and others and abused
them by caste name.
5. Learned counsel for the appellant submits that
appellant is not named in the F.I.R. and his name transpired
during investigation. There is no allegation of any specific overt
act against him and he is not alleged to have abused informant
and others by caste name as such, no case under SC/ST Act is
made out against him. Appellant claims clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation and fact that
petitioner is not named in the F.I.R. and claims clean antecedent,
let the appellant, as named above, in the event of his
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, SC/ST Spl.
Court, Gaya in ABP No. 288 of 2023 arising out of Moffassil
P.S. Case No. 48 of 2022.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 18.09.2023 is set aside with respect to
Patna High Court CR. APP (SJ) No.5574 of 2023(5) dt.12-03-2026
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this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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