Patna High Court
OM PRAKAH SINGH @ BANDE SINGHversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail is warranted as the FIR lacks substantive basis under the SC/ST Act, and therefore granted bail and set aside the lower court’s order.
Summary
The appellants, Om Prakah Singh and Bablu Singh, were charged under several provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing an informant with a caste slur while open defecating near a temple. They sought anticipatory bail, which was denied by the Additional District & Sessions Judge. On appeal, the Patna High Court noted the FIR was lodged after a seven‑day delay, there was no public witness, and the dispute appeared to be a petty personal quarrel, rendering the SC/ST Act provisions inapplicable. Consequently, the court ordered that the appellants be released on bail upon furnishing bonds and sureties, and set aside the lower court’s order. The criminal appeal was therefore allowed.
Issues considered
- Whether the FIR under the SC/ST (Prevention of Atrocities) Act is maintainable given the delay and lack of public presence.
- Whether anticipatory bail should be granted to the appellants under the Bharatiya Nyaya Sanhita and SC/ST Act.
- Whether the alleged conduct constitutes an offence under the cited sections of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(b)(f)(r)(s)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste based abuse
- FIR delay
- bail jurisdiction
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.737 of 2025
Arising Out of PS. Case No.-79 Year-2024 Thana- SC/ST District- Rohtas
======================================================
1. Om Prakah Singh @ Bande Singh S/o- Late Rambali Singh Village-
Khurmabad PS- Chenari Dist- Rohtas
2. Bablu Singh @ Jai Prakash Singh S/o- Late Rambali Singh Village-
Khurmabad PS- Chenari Dist- Rohtas
... ... Appellant/s
Versus
1. The State of Bihar
2. Chandra Shekhar Rawat S/o- Late Ghurabigan Rawat Village- Khurmabad
Ps- Chenari Dist- Rohtas
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajesh Kumar Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
For the R.No. 2 : Mr. Chhotelal Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-04-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
08.01.2025 passed by learned Additional District & Sessions
Judge-17 cum Special Judge, SC/ST, Rohtas at Sasaram in
connection with SC/ST P.S. Case No. 79 of 2024 registered
under Sections 126(2), 115(2), 74, 352, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita and Section 3(1)(b)(f)(r)(s)(w), 3(2)
(va) of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
appellants has been rejected.
Patna High Court CR. APP (SJ) No.737 of 2025(4) dt.23-04-2026
2/3
3. As per F.I.R., these appellants were open defecating
near Kali Temple and when informant opposed, the accused
persons abused him by caste name.
4. Learned counsel for the appellants submits that
both parties are co-villagers and on account of petty dispute,
simple maar-peet took place between the parties. F.I.R. has
been lodged after inordinate delay of about seven days which
itself raises doubt over veracity of the prosecution case. It is not
the case of informant that any member of public was present at
the place of occurrence and as such, no case under SC/ST Act is
made out against the appellants.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
6. Considering the aforesaid facts, let the appellants,
as named above, in the event of their arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Additional District & Sessions Judge-17 cum Special
Judge, SC/ST, Rohtas at Sasaram in connection with SC/ST P.S.
Case No. 79 of 2024.
Patna High Court CR. APP (SJ) No.737 of 2025(4) dt.23-04-2026
3/3
7. Accordingly, this criminal appeal is allowed and
impugned order dated 08.01.2025 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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