Patna High Court
Munna Singh @ Sanjay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail was appropriate and set aside the lower court’s refusal.
Summary
Munna Singh (Sanjay Kumar Singh) appealed against the refusal of anticipatory bail in a case registered under Sections 448, 341, 323, 354B, 427/34 of the IPC and Sections 3(1)(r)(s)(h) of the SC/ST Act. The FIR alleged that the appellant, while intoxicated, entered the complainant’s house, used caste slurs, assaulted her husband, daughter and mother‑in‑law, and damaged property. The appellant argued that he was falsely implicated, that the incident occurred inside a private residence making Section 18 of the SC/ST Act inapplicable, and that there was no risk of fleeing or tampering with evidence. The Special Public Prosecutor opposed the bail application. The Patna High Court, after evaluating the submissions, granted anticipatory bail with standard conditions, set aside the lower court’s order, and allowed the appeal.
Issues considered
- Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act despite the seriousness of the alleged offences.
- Whether the alleged incident, occurring inside a private residence, falls within the ambit of Section 18 of the SC/ST Act which requires a public place.
- Whether the appellant is likely to flee, tamper with evidence, or otherwise obstruct the trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 34, 341, 354B, 427, 448
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 18, 3(1)(h), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- Section 18
- caste based violence
- false implication
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5744 of 2024
Arising Out of PS. Case No.-201 Year-2023 Thana- BIKRAMGANJ District- Rohtas
======================================================
Munna Singh @ Sanjay Kumar Singh S/O Shambhu Sharan Singh R/o -
Dharpur, P.S - Bikaramganj, District - Rohtas
... ... Appellant/s
Versus
1. The State of Bihar
2. Sita Devi W/O Bindu Paswan R/o - Dharuput, P.S - Bikaramganj, District -
Rohtas
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rakesh Narayan Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 27-01-2026 1. Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
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 22.10.2024
passed by the learned 17 th Additional Sessions Judge-cum-Special
Judge SC/ST (POA) Act, Rohtas at Sasaram in connection with
Bikramganj P.S. Case No. 201 of 2023 registered under Sections
448, 341, 323, 354B and 427/34 of the Indian Penal Code as well
as Sections 3(1)(r)(s)(h) of the SC/ST Act.
3. Learned counsel appearing on behalf of the appellant
submits that from perusal of the office report dated 16.05.2025, it
would manifest that the notice has been validly served on the
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respondent no. 2 but then he chooses not to appear and contest the
case. It is further submitted that appellant has antecedent of one
case but then the said case was also instituted by the instant
informant and the police after investigation submitted final form.
It is next submitted that the informant alleges that on 14.04.2023,
at 09:00 p.m., Titu in an intoxicated condition came to her house
along with his father and started abusing by taking caste name and
asked her husband to do the work of lifting of grain on which her
husband said that he will perform the work in the morning on
which Titu assaulted him by fist and acted inappropriately with her
daughter and dashed her mother-in-law on the ground and
destroyed household articles.
4. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that the entire
occurrence took place at the house of the informant and, thus, was
not in public view, hence, rigors of Section 18 of the SC/ST Act
would not apply. It is next submitted that it does not appear
probable that the appellant with his father would have come to the
house of the informant in an intoxicated condition and thereafter
would have committed the occurrence. It is also submitted that the
dispute in between the parties is brewing from before for which
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earlier also the appellant came to be implicated in a criminal case
but then the police after investigation submitted final form.
5. Learned Special Public Prosecutor opposed the
prayer for anticipatory bail.
6. Considering the submissions made by the learned
counsel for the appellant, let the appellant, above named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from the date of receipt of the order,
be released on anticipatory bail on furnishing bail bond of
Rs.5,000/- (rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending in connection with the aforesaid case, subject
to the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/482(2) of the BNSS.
7. Accordingly, the impugned order is set aside and this
appeal stands allowed.
(Satyavrat Verma, J)
Kundan/-
U T
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