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Patna High Court

Kishwanath SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order rejecting anticipatory bail is set aside, with bail granted on conditions.

Summary

Kishwanath Singh was accused of taking Rs.5,00,000 from the informant under the pretext of providing a job, subsequently refusing to return the money, abusing the informant with caste slurs, threatening and assaulting him. The prosecution charged him under multiple sections of the Bihar Negotiable Instruments Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and his anticipatory bail was denied by the Special Judge. The appellant contended that the FIR was lodged after an inordinate delay of twelve years, that the incident occurred in 2012 while the FIR was filed in 2024, and that no public witness was present, rendering the SC/ST provisions inapplicable. The State and the informant opposed bail, but the Patna High Court, noting the appellant's clean antecedents and the delay, set aside the order rejecting anticipatory bail and granted bail on a bond of Rs.10,000 with two sureties. The order directed that the bail be effected within eight weeks of receipt of the order.

Issues considered

  • Whether anticipatory bail should be granted despite a twelve‑year delay in filing the FIR.
  • Whether the allegations constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
  • Whether the delay bars prosecution under the applicable statutes.
  • Whether the evidence disclosed is sufficient to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • delay in FIR
  • SC/ST Act
  • caste harassment
  • criminal procedure
  • bail jurisprudence
  • limitation period
  • fraud
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.817 of 2025
                      Arising Out of PS. Case No.-166 Year-2024 Thana- RASULPUR District- Saran
                 ======================================================
                 Kishwanath Singh S/o- Baikunthnath Singh R/v- Nawada Ps- Rasulpur Dist-
                 Saran

                                                                                  ... ... Appellant/s
                                                       Versus

           1.    The State of Bihar
           2.    Sunil Ram S/o- Ragho Ram R/v- Ekma Ps- Ekma Dist- Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant       :         Mr. Sanjeet Kumar Singh, Advocate
                 For the State           :         Mr. Sadanand Paswan, Spl.PP
                 For the Informant       :         Mr. Ram Chandra Singh, Advocate
                                                   Mr. Santosh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   16-04-2026                 Heard learned counsel appearing for the appellant,

                   learned Special Public Prosecutor appearing for the respondent-

                   State      and        learned       counsel       appearing         for        the

                   informant/Respondent No. 2.

                               2. This appeal has been filed for setting aside order

                   dated 17.01.2025/18.01.2025 passed in a case registered for the

                   offence punishable under Sections 126(2), 115(2), 318(4),

                   351(2), 352 and 3(5) of the B.N.S. and Section 3(i)(r)(s) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, whereby the prayer for grant of anticipatory bail

                   of this appellant has been rejected.

                               3. As per prosecution case, informant alleged that on
Patna High Court CR. APP (SJ) No.817 of 2025(4) dt.16-04-2026
                                             2/3




          the pretext of providing a job, this appellant took Rs. 5,00,000/-

          from him but neither gave any job nor returned the money. It is

          further alleged that when the informant/Respondent No. 2

          demanded his money back, this appellant abused him with caste

          based slurs, threatened him and also assaulted him.

                       4. It is submitted by learned counsel appearing on

          behalf of the appellant that appellant is quite innocent and has

          committed no offence. The present F.I.R. has been lodged after

          inordinate delay of 12 years. The alleged incident took place in

          the year 2012 whereas the present F.I.R. has been lodged on

          20.09.2024 and there is no plausible explanation for the gross

          delay. As a matter of fact, for the same set of occurrence, the

          informant/Respondent No. 2 has lodged a complaint case

          bearing Complaint Case No. 2352 of 2024 under Section 138 of

          the Negotiable Instruments Act, which was dismissed vide order

          dated 30.11.2024 passed by the learned J.M.F.C., Saran at

          Chapra. It is further submitted that it is not the case of the

          prosecution that any member of public was present at the place

          of occurrence and as such, no case under the Scheduled Castes

          and Scheduled Tribes (Prevention of Atrocities) Act is made out

          against this appellant. Appellant claims clean antecedents.

                       5. Learned Spl. P.P. appearing for the respondent-State
             Patna High Court CR. APP (SJ) No.817 of 2025(4) dt.16-04-2026
                                                          3/3




                       and learned counsel appearing for the informant/Respondent

                       No. 2 have vehemently opposed the prayer for grant of bail to

                       the appellant.

                                    6. Considering the facts and circumstances of the

                       case, nature of accusation and clean antecedents of the

                       appellant, this appeal is allowed and the impugned order dated

                       17.01.2025/18.01.2025 passed by the learned Special Judge,

                       SC/ST (POA) Act, Saran in connection with A.B.P. No. 4511 of

                       2024 arising out of Rasulpur P.S. Case No. 166 of 2024 is

                       hereby set aside with respect to this appellant only.

                                    7. Accordingly, let the appellant, named above, in the

                       event of arrest/surrender within a period of eight weeks from the

                       date of receipt/production of a copy of this order, be enlarged on

                       bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned Special Judge, SC/ST (POA) Act, Saran at Chapra in

                       connection with Rasulpur P.S. Case No. 166 of 2024.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


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