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Patna High Court

Mukul Singh Alias Mukesh Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




                       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
                                                           3/3




                        this appellant only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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