Babloo Singh @ Rajnish Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Babloo Singh @ Rajnish Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail to the appellant on arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; impugned order set aside.

Issue for consideration

Whether the appellant, arraigned in Barhara P.S. Case No. 242 of 2024 under Ss. 117(2), 126(2), 115(2), 352 of the BNS and Ss. 3(i),(r),(s),(va) of the SC/ST Act, was entitled to anticipatory bail notwithstanding the refusal by the learned 1st Additional Sessions Judge-cum-Special Judge, Bhojpur, in A.B.P. No. 2767 of 2024. +1 more

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the trial court within six weeks, the appellant is to be released on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending or its successor court, subject to the conditions under Section 438(2) of the Cr.P.C.

Ratio / Principle

Notice on respondent No. 2 having been accepted by his son, the same is deemed to be validly served.

Key takeaways

Considering the aforesaid facts — the defence contentions of a solitary antecedent, alleged lathi-assault without recorded injury, absence of witnesses in the FIR, and absence of any asserted knowledge of the informant's SC status, weighed against the State's opposition — the court found the appellant fit for anticipatory bail.ratio¶24
The impugned order refusing anticipatory bail is set aside and the appeal stands allowed.ratio¶25

Detailed headnote1 paragraphs

CRIMINAL APPEAL (SJ) No.604 of 2025 — Babloo Singh @ Rajnish Kumar Singh v. The State of Bihar & Anr. — Patna High Court (Satyavrat Verma, J., 01-09-2025): Appeal under Section 14-A(2) of the SC/ST Act against refusal of anticipatory bail by order dated 19-11-2024 in A.B.P. No. 2767 of 2024 (1st Addl. Sessions Judge-cum-Special Judge, S.C./S.T. (POA) Act, Bhojpur, Arrah) in connection with Barhara P.S. Case No. 242 of 2024, registered for offences punishable under Ss. 117(2), 126(2), 115(2), 352 of the BNS and Ss. 3(i),(r),(s),(va) of the SC/ST Act. Notice on respondent No. 2, accepted by his son, deemed validly served. Defence contentions: false implication; alleged lathi-assault on the informant while watering his fields without recorded injury; FIR disclosing no witnesses; no knowledge of informant's SC status; State opposed. Considering these facts, the Court granted anticipatory bail — release on arrest/surrender within six weeks on bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions — set aside the impugned order, and allowed the appeal.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.604 of 2025

Arising Out of PS. Case No.-242 Year-2024 Thana- BARHARA District- Bhojpur

======================================================

BABLOO SINGH @ RAJNISH KUMAR SINGH S/O- TARKESHWAR SINGH @ SAROJ SINGH Village- Bkhorapur Ps- Barhara Dist- Arah P/AVillage Po- Majharia Ps- Churamanpur Dist- Buxar

... ... Appellant/s

Versus

The State of Bihar

Rameshwar Paswan S/o- Late Harishankar Paswan Village- Bkhorapur PsBarahara Dist- Arah

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Brij Bihari Tiwary For the Respondent/s : Mr.Sadanand Paswan ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 01-09-2025 1. Heard learned counsel for the appellant and learned

Spl. P.P. for the State, Shri Sadanand Paswan.

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 19-11-2024 in A.B.P. No. 2767 of 2024 passed by the learned 1^st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Bhojpur, Arrah, in connection with Barhara P.S. Case No. 242 of 2024, registered for the offences punishable under Sections 117(2), 126(2), 115(2), 352 of the BNS as well as Sections 3(i),(r),(s),(va) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.604 of 2025(3) dt.01-09-2025 2/3

3. Learned counsel appearing on behalf of the appellant submits that from perusal of the office report dated 2- 5-2025, it would manifest that notice on behalf of the respondent No. 2 has been accepted by his son.

4. Since the notice has been accepted by the son of the respondent No.2, as such the same is deemed to be validly served.

5. Learned counsel for the appellant submits that the appellant has antecedent of one case and is alleged to have assaulted the informant, while he was watering his fields, by lathi causing injury on head.

6. 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 though there is allegation of assaulting the informant by lathi , but then no injury was caused to him. It is also submitted that even the order impugned does not record about any injury. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the FIR does not even remotely suggest that the occurrence was witnessed by any witnesses, it is further submitted that the appellant was not even knowing the caste of the informant, as such it cannot be alleged that the appellant assaulted the

Patna High Court CR. APP (SJ) No.604 of 2025(3) dt.01-09-2025 3/3

informant knowing that he belongs to SC category.

7. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellant.

8. Considering the aforesaid facts, let the appellant above-named, in the event of his arrest or surrender before the learned trial trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) 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 438 (2) of the Cr.P.C.

9. Accordingly, the impugned order is set aside and the appeal stands allowed.

(Satyavrat Verma, J)

Sumit/-

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