Om Prakah Singh @ Bande Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Om Prakah Singh @ Bande Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: appellants to be enlarged on bail upon arrest/surrender within eight weeks, on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each; impugned order dated 08.01.2025 set aside with respect to these appellants only.

Issue for consideration

Whether the appellants are entitled to anticipatory bail in SC/ST P.S. Case No. 79 of 2024, their earlier prayer for anticipatory bail having been rejected by the Special Judge by order dated 08.01.2025.

Court's answer

Considering the aforesaid facts, the appellants, in the event of their arrest or surrender within a period of eight weeks, are to 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 the 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.

Ratio / Principle

This criminal appeal is allowed and the impugned order dated 08.01.2025 is set aside with respect to these appellants only.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (CR. APP (SJ) No.737 of 2025, Prabhat Kumar Singh, J., order dt. 23-04-2026) allowed the appeal and set aside, qua the two appellants only, the order dated 08.01.2025 of the Additional District & Sessions Judge-17 cum Special Judge, SC/ST, Rohtas at Sasaram rejecting their prayer for anticipatory bail in 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 the SC/ST (Prevention of Atrocities) Act). FIR version: appellants were openly defecating near Kali Temple and abused the informant by caste name on his objection; appellants' counsel urged that the parties are co-villagers, the incident was a petty dispute involving simple maar-peet, and the FIR was lodged after about seven days' delay. Considering the aforesaid facts, the court directed that on arrest/surrender within eight weeks the appellants be enlarged on bail on bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each.

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

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

Om Prakah Singh @ Bande Singh S/o- Late Rambali Singh VillageKhurmabad PS- Chenari Dist- Rohtas

Bablu Singh @ Jai Prakash Singh S/o- Late Rambali Singh VillageKhurmabad PS- Chenari Dist- Rohtas

... ... Appellant/s

Versus

The State of Bihar

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.

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

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.

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.

Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed the bail application.

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

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/-

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