Patna High Court
Deepu 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 appellant be released on bail under Section 438(2) of the Cr.P.C.
Summary
The appellant, Deepu Kumar, was charged under several IPC provisions and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting, caste‑abhorrently abusing, and robbing the informant on 22 July 2025. He applied for anticipatory bail, which was rejected by the Exclusive Special Judge. On appeal, the appellant argued that he has a clean record, that the FIR was lodged three days after the incident without any medical report or stated motive, and that he was falsely implicated. The Special Public Prosecutor and the informant’s counsel could not refute these points. The Patna High Court set aside the lower court’s order, allowed the appeal, and directed that the appellant be released on bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. The decision rests on the insufficiency of the FIR and the appellant’s right to anticipatory bail.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite the serious nature of the offences alleged under the IPC and the SC/ST Act.
- The impact of the three‑day delay in filing the FIR and the absence of a medical report on the grant of bail.
- Whether the allegations in the FIR establish a prima facie case sufficient to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 115(2), 126, 303(2), 351(2), 352
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- FIR delay
- false implication
- SC/ST Act
- assault
- robbery
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.70 of 2026
Arising Out of PS. Case No.-494 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
Deepu Kumar S/O Than Thani Yadav @ Shivalak Yadav R/O Village-
Teekarpar, P.S.- Wazirganj, Dist.- Gaya ji
... ... Appellant/s
Versus
1. The State of Bihar
2. Dular Paswan S/O late Budhan Paswan R/O Village- Amaur, P.S.- Fatehpur,
Dist.- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ajay Kumar Sinha
Ms.Sanjana
For the Respondent/s : Ms.Usha Kumari 1
Mr.Birendra Kumar
Mr.Kumud Kishore
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 23-04-2026 1. Heard learned counsel for the appellant, the
learned Special Public Prosecutor for the State and the
learned counsel appearing on behalf of the informant.
2. The appellant has challenged the order dated
28.11.2025 passed by the learned Exclusive Special Judge,
SC/ST Gayaji in connection with CIS No.ABP Exclusive
Special SC/ST No.300 of 2025 arising out of Wazirganj P.
S. Case No.494 of 2025, instituted for the offences under
Sections 126, 115(2), 303(2), 352, 351(2) of the Indian
Penal Code and Section 3(1)(r)/3(1)(s) of the Scheduled
Castes & Scheduled Tribes (Prevention of Atrocities) Act,
Patna High Court CR. APP (SJ) No.70 of 2026(4) dt.23-04-2026
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whereby his prayer for grant of anticipatory bail has been
rejected.
3. The learned counsel appearing on behalf of the
appellant submits that appellant is a person with clean
antecedent and the informant alleges that on 22.07.2025 at
4.00 PM, he had gone to fair for purchasing cattle when
second son of Than Thani Yadav assaulted him by lathi and
abused by taking caste name and snatched Rs.60,000/- and
mobile and when people gathered, he fled.
4. 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
informant was knowing the appellant being second son of
Than Thani Yadav as such it does not appear probable that
appellant would have assaulted, abused and snatched
Rs.60,000/- along with mobile from the informant knowing
very well that he would get implicated. It is also submitted
that the date of occurrence is 22.07.2025 and the FIR came
to be instituted based on a written application of the
informant. It is next submitted that if what has been alleged
Patna High Court CR. APP (SJ) No.70 of 2026(4) dt.23-04-2026
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in the FIR is true, in that event, the fard-bayan of the
informant would have recorded at the hospital, had the
informant been treated at the hospital on account of assault.
It is further submitted that even the FIR does not disclose
any motive for the occurrence.
5. The learned Special P. P. as well as the learned
counsel appearing on behalf of the informant opposes the
appeal, but then, are not in a position to rebut the
submission of the learned counsel appearing on behalf of
the appellant that the FIR has been instituted after a delay of
three days and no motive for the occurrence is alleged.
6. Regard being had to the aforesaid submissions,
the order dated 28.11.2025 is set-aside.
7. The appeal stands allowed.
8. 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 Exclusive Special Judge, SC/ST
Gayaji in connection with CIS No.ABP Exclusive Special
Patna High Court CR. APP (SJ) No.70 of 2026(4) dt.23-04-2026
4/4
SC/ST No.300 of 2025 arising out of Wazirganj P. S. Case
No.494 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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