Subham Singh @ Subhash Singh @ Subhash … vs The State Of Bihar on 8 July, 2025

Patna High Court – Orders

Subham Singh @ Subhash Singh @ Subhash … vs The State Of Bihar on 8 July, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3658 of 2024
                      Arising Out of PS. Case No.-69 Year-2023 Thana- JANTA BAZAR District- Saran
                 ======================================================
           1.     Subham Singh @ Subhash Singh @ Subhash Kumar Singh son of Devdutt
                  Singh Village- Sahajitpur Ps- Sahajitpur Dist- Saran
           2.    Manju Devi @ Manju Singh wife of Subhash Singh Village- Sahajitpur Ps-
                 Sahajitpur Dist- Saran

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Raj Kumar Ram Sugam Ram Resident of Village- Dayalpur, Police Station-
                 Janta Bazar, District- Saran at Chapra

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Raghav Prasad, Advocate
                 For the State           :        Mr. Sadanand Paswan, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   08-07-2025

Heard Mr. Raghav Prasad, learned counsel for the

appellants as well as Mr. Sadanand Paswan, learned Special

Public Prosecutor for the State.

2. Despite of valid service of notice upon

Respondent No. 2/Informant, no one appears on behalf of

Respondent No. 2.

3. This is an appeal under Sections 14(A)(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, against refusal of the prayer for anticipatory bail

by order dated 04.07.2024 in A.B.P. No. 2255 of 2024, passed

by the learned Special Court, SC/ST, Chapra in connection with
Patna High Court CR. APP (SJ) No.3658 of 2024(5) dt.08-07-2025
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Janta Bazar P.S. Case No. 69 of 2023 F.I.R. dated 15.05.2023

registered under Sections 341, 342, 323, 324, 504, 506/34 of the

Indian Penal Code and Sections 3(i) (r)(s)/3(2) (va) of SC/ST

Act.

4. Allegation against the appellants is that they have

assaulted the informant due to which he sustained injuries and

they also abused him by taking his caste name.

5. Learned counsel for the appellants submits that the

appellants have clean antecedents and they have been falsely

implicated in the present case. The present case is counter blast

of Janta Bazar P.S. Case No. 68 of 2023 filed by the appellants’

side against the informant and his family members. From

perusal of the F.I.R., it appears that the F.I.R. is in two parts. In

first part, there is general and omnibus allegation against all the

accused persons including the appellants and in the second part,

there is specific allegation of assault is against appellant no. 1

that he assaulted to the informant by means of Dab and although

the informant has received injury but the injury report of the

informant suggests that the injury is simple in nature caused by

hard and blunt substance and there is no specific allegation of

abusing his caste name by these appellants rather there is

general and omnibus allegation against the appellants.
Patna High Court CR. APP (SJ) No.3658 of 2024(5) dt.08-07-2025
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6. Learned Special Public Prosecutor for the State has

vehemently opposed the prayer for anticipatory bail of the

appellants.

7. After hearing the parties, in my view for the

purpose of this anticipatory bail, no offence under the provisions

of Scheduled Casts and Scheduled Tribes Act is made out.

8. Considering the aforesaid facts and circumstances

of the case and the fact that the petitioners having clean

antecedents and there is case and counter case between the

parties and the injury inflicted upon the injured person is simple

in nature, let the appellants, above named, in the event of their

arrest or surrender before the court below within a period of

thirty days from the date of receipt of the order, be released on

anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten

Thousand) each with two sureties of the like amount each to the

satisfaction of learned Special Judge, SC/ST, Chapra, Saran in

connection with Janta Bazar P.S. Case No. 69 of 2023, subject

to the conditions as laid down under Section 438(2) of the Code

of Criminal Procedure/ Section 482(2) of BNSS, 2023 along

with other following conditions :-

(1) Appellants shall co-operate in the trial and shall

be properly represented on each and every date fixed by the
Patna High Court CR. APP (SJ) No.3658 of 2024(5) dt.08-07-2025
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Court and shall remain physically present as directed by the

Court and on their absence on two consecutive dates without

sufficient reason, their bail bonds shall be cancelled by the

Court below.

(2) If the appellants tamper with the evidence or the

witness, in that case, the prosecution will be at liberty to move

for cancellation of bail.

(3) And, further condition that the court below shall

verify the criminal antecedent of the appellants and in case at

any stage, it is found that the appellants have concealed their

criminal antecedents, the court below shall take step for

cancellation of bail bond of the appellants. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

9. Accordingly, the impugned order dated 04.07.2024

is set aside and this appeal stands allowed.

(Rajesh Kumar Verma, J)
Ibrar//-

U          T