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Patna High Court

Deepu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/4




          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
                                             3/4




          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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