Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 6792 (PAT)

Anil Singh @ Anil Kumar v. The State of Bihar

CR. APP (SJ)/4587/2025 · 2026-07-06

Satyavrat Verma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4587 of 2025 Arising Out of PS. Case No.-333 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== 1. Anil Singh @ Anil Kumar S/O Moharaj Singh @ Maharaj Mahto R/O Village- Pathra, P.S- Tilouthu, Distt.- Rohtas. 2. Manoj Kumar S/O Maharaj Singh @ Maharaj Mahto R/O Village- Pathra, P.S- Tilouthu, Distt.- Rohtas. 3. Maharaj Singh @ Maharaj Mahto S/O Late Sahdeo Mahto R/O Village- Pathra, P.S- Tilouthu, Distt.- Rohtas. ... ... Appellant/s Versus 1. The State of Bihar 2. Arvind Kumar S/O Ganesh Paswan R/O Village- Alinagar, P.O- Maharajganj, P.S- Tilouthu, Distt.- Rohtas. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Ajay Kumar Tiwari For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 06-07-2026 1. Heard learned counsel for the appellants, learned Spl. P.P. for the State, Sri Sadanand Paswan and the learned counsel appearing on behalf of the informant, Sri Vijay Anand. 2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 30-6-2025 passed by the learned District & Additional Sessions Judge-17-cum-Special Judge S.C./S.T. (POA) Act, Rohtas at Sasaram in connection with Tilouthu P.S. Patna High Court CR. APP (SJ) No.4587 of 2025(3) dt.06-07-2026 2/3 Case No. 333 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 303(2) 352, 351(2) and 3(5) of the BNS as well as Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act. 3. In view of the grounds taken in the limitation application, delay of 31 days in filing the appeal is condoned, as such the I.A. No. 1 of 2025 is allowed. 4. Learned counsel for the appellants submits that appellants are persons with clean antecedent and the informant alleges that he was going to the market on 10-10-2024 at 4 PM, when he was intercepted by the accused persons including the appellants, who abused by taking caste name and also assaulted by fist and snatched Rs. 9,000/- along with a motorcycle and chain. 5. Learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that SC/ST Act is a stringent act and from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of abuse and assault is general and omnibus in nature. It is also submitted that allegation of snatching Rs. 9,000/- along with motorcycle is ornamental in nature. It is further submitted that FIR does not disclose that any Patna High Court CR. APP (SJ) No.4587 of 2025(3) dt.06-07-2026 3/3 independent witness witnessed the occurrence. 6. Learned Spl. P.P. for the State and learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the appellants. 7. Considering the aforesaid facts, let the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with the aforesaid case, subject to the conditions as laid down under Section 482 (2) of the BNSS. 8. Accordingly, the impugned order is set aside and the appeal stands allowed. Sumit/- (Satyavrat Verma, J) U T