Patna High Court
Mukesh Kumar Singh @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order rejecting anticipatory bail and allowed the appeal, directing that the appellants be released on bail.
Summary
The appellants, three brothers from Majhui village, were charged under several IPC provisions and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for allegedly setting fire to agricultural residue (parali) on their own land, which allegedly spread to the informant's adjacent leased field, causing crop loss and alleged caste‑based abuse. They sought anticipatory bail, which the Special Court under the SC/ST (POA) Act rejected. On appeal, the senior counsel argued that the accused had a clean record, that they were merely burning residue on their own land without intent to damage the informant’s field, and that the FIR did not specifically name any accused for the alleged caste abuse. The State and the informant could not refute these points. The Patna High Court set aside the Special Court’s order, allowed the appeal, and directed that the appellants be released on bail upon furnishing the prescribed bond and sureties, subject to conditions under Section 482(2) of the Bihar Negotiable Something (BNSS).
Issues considered
- Whether the allegations in the FIR disclose a cognizable offence under the IPC and the SC/ST (Prevention of Atrocities) Act sufficient to deny anticipatory bail.
- Whether the act of burning parali on one’s own land, which unintentionally spread to adjacent land, amounts to an offence under the cited sections.
- Whether the FIR’s vague reference to caste‑based abuse satisfies the requirement of specific identification of the accused.
- Whether the Special Court erred in rejecting the anticipatory bail application.
Legislation cited
- Bihar Negotiable Something (BNSS) — s. 482(2)
- Indian Penal Code — s. 324(4), 326(f), 3(5), 351(2), 352
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(ii)(va)
Subjects
- anticipatory bail
- SC/ST Act
- arson
- caste abuse
- FIR
- intent
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.688 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- BADDI District- Rohtas
======================================================
1. Mukesh Kumar Singh @ Mukesh Kumar S/O Chitranjan Singh R/O Village-
Majhui, P.S.- Baddi, District- Rohtas
2. Satyam Kumar Singh @ Satyam Kumar @ Aditya Singh S/O Chitranjan
Singh R/O Village- Majhui, P.S.- Baddi, District- Rohtas
3. Putush Kumar Chandravanshi @ Putush Kumar S/O Late Prahlad
Chandravanshi R/O Village- Majhui, P.S.- Baddi, District- Rohtas
... ... Appellant/s
Versus
1. The State of Bihar
2. Ritesh Baitha S/O Jag Narayan Baitha R/O Village- Majhui, P.S.- Baddi,
District- Rohtas
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Krishna Prasad Singh- Sr. Advocate
Mr. Mithilesh Kumar Singh- Advocate
For the State : Mr. Sadanand Paswan- Spl.P.P.
For the Informant : Mr. Satyendra Kumar Bhatnagar- Advocate
Mr. Rabindra Kumar- Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 1. Heard learned senior counsel for the appellants, the
learned Special Public Prosecutor for the State and the learned
counsel appearing on behalf of the informant.
2. The appellants have challenged the order dated
24.01.2026 passed by the learned Special Court, SC/ST (P.O.A.)
Act, Rohtas at Sasaram in connection with Baddi P.S. Case No.
188 of 2025, instituted for the offences under Sections 324 (4)
326 (f), 351(2), 352 and 3(5) of the BNS and Sections 3(1)(r),
Patna High Court CR. APP (SJ) No.688 of 2026(2) dt.22-06-2026
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3(1)(s) and 3(ii)(va) of the Scheduled Castes & Scheduled
Tribes (Prevention of Atrocities) Act, 1989, whereby their
prayer for grant of anticipatory bail has been rejected.
3. The learned senior counsel appearing on behalf of
appellants submits that the appellants are person with clean
antecedent and the informant alleges that on 06.12.2025 at about
11:30 AM, he was going to his field when he saw Satyam @
Aditya, Mukesh and Putush were trying to put fire on his land.
On objection, they started fleeing and even abused and said that
they had come on their land for burning the parali and thereafter
they put fire in parali on their land. It is next alleged that a lady
was grazing her goat who also asked them not to put parali on
fire but they threatened thereafter police was informed and the
fire-brigade came and the fire was extinguished. It is next
alleged that on account of fire, the crop of the informant also got
destroyed.
4. The learned senior counsel appearing on behalf of
the appellants submits that the appellants have 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 informant initially alleges that when
he came on his field, he saw the accused persons including the
Patna High Court CR. APP (SJ) No.688 of 2026(2) dt.22-06-2026
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appellant trying to put his agricultural land on fire and when he
objected, they disclosed that they had come on their own land
for burning the parali and thereafter put parali on fire. It is thus
submitted that from the allegation as alleged in the FIR, it would
manifest that informant himself alleges that appellants put
parali on their land on fire, but then it is also alleged that on
account of the fire, some portion of the adjacent land of the
informant also got destroyed. It is next submitted that the
allegation of abuse is general and omnibus in nature as the FIR
does not disclose that who abused the informant or the lady who
was grazing her goat. It is further submitted that from perusal of
the order impugned, it would manifest that the same has also
considered the relevant paras of the case diary and from perusal
of the same, it would manifest that witnesses have supported the
case of the prosecution and have stated that the appellants put
their parali on fire on account of which some portion of the
adjacent land which the informant had taken on lease also got
burnt.
5. The learned senior counsel thus submits that no
motive can be imputed on the appellants that they deliberately
put parali present on their land on fire with an intent to destroy
the land of the informant as there are other lands of other
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farmers also adjacent to the land of the appellants. It is next
submitted that though the witnesses have stated that the
appellants abused by taking caste name, but then they have also
not disclosed the name of the accused who had abused.
6. The learned Special P.P. as well as the learned
counsel appearing on behalf of informant opposes the appeal,
but then they are not in a position to rebut the submission of the
learned senior counsel appearing on behalf of the appellants that
appellants had put on fire the parali present on their land and
from perusal of the order impugned, it also does not manifest
that specific name of any accused persons is alleged who abused
the informant or the lady by caste name.
7. Regard being had to the aforesaid submissions, the
order dated 24.01.2026 is set-aside.
8. The appeal stands allowed.
9. The appellants, above-named, in the event of their
arrest or surrender before the learned Court below within a
period of eight weeks, are directed to be released on bail on
their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees
Five Thousand) each with two sureties of the like amount each
to the satisfaction of learned Special Court, SC/ST (P.O.A) Act,
Rohtas at Sasaram in Baddi P.S. Case No. 188 of 2025, subject
Patna High Court CR. APP (SJ) No.688 of 2026(2) dt.22-06-2026
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to the conditions laid down under Section 482(2) of the BNSS.
(Satyavrat Verma, J)
vikash/-
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