Lalan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2523 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- SC/ST District- Saran ====================================================== Lalan Kumar Singh S/o- Late Kedar Nath Singh R/o - Rasalpur, P.O - Rasalpur, P.S - Doriganj, District - Saran ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Jira Devi W/o- Jitendra Paswan Village Po- Rasalpur Ps- Doriganj DistSaran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjay Kumar Jha, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl.PP For the Respondent No.2:
Ms. Neha Kumari, Advocate Mr. Rahul Kumar, Advocate Mr. Anuj Kumar Shrivastava, Advocate Mr. Rajnish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 26-02-2026 Heard learned counsel for the appellant, learned counsel for the respondent No.2 and learned Special Public Prosecutor appearing for the State.
2. This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 13.05.2025 passed by learned Court of SC/ST Exclusive Special Judge, Saran at Chapra in A.B.P. No. 1506 of 2025 arising out of SC/ST P.S. Case No. 12 of 2025 registered under Sections 126(2), 115(2), 318(4), 351(2), 351(3), 352 and 3(5) of B.N.S. and Sections 3(1)(f)(r)(s)(w) and 3(2)(va) of Scheduled Castes
2/4 and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for grant of anticipatory bail of the appellant has been rejected.
3. As per the prosecution case, the informant alleged that on 02.03.2025, an occurrence of forcefully vacating the land, assaulting and threatening has taken place with her and her family members. The occurrence has been given effect by Lalan Singh. In this quarrel, people of his community abused her by taking caste name, assaulted and threatened. The informant had entered into an agreement with Lalan Singh on 21.07.2023 with respect to a piece of land in Mauza Dharampura, Thana No. 305, Anchal Chapra Sadar, Khata No. 14, Survey No. 364 and Area 10 dhurs. The informant has paid Rs. 2,20,000/- as per agreement and even after receiving the entire payment, the appellant has not executed the registered deed. After making payment, she has built a house on the land in question. The informant was taken to Doriganj police station on 19.03.2025, where the appellant and others were there and she was ill-treated by the S.H.O. and driven out.
4. Learned counsel appearing for the appellant submits that the appellant, who bears clean antecedent, is innocent and has not committed the offence alleged. It has been
3/4 further submitted that the matter arises out of dispute between the parties over an agreement to sell and the best course of action for the respondent No.2 would have been to file a title suit for specific performance of contract before the competent court of civil jurisdiction. Upon instruction, it is submitted that the appellant is ready for settlement. As regards allegation of abuse with the caste name attracting the rigours of SC & ST Act is concerned, it is not committed in public place nor any person has been named to be present at the place of occurrence when the alleged offence of abuse was being committed. Learned counsel for the appellant further submits that in the backdrop of serious land dispute, the appellant has been falsely implicated in this case. Hence, the impugned order may be set aside and the appellant may be granted the privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State as well as learned counsel for the respondent No.2 have vehemently opposed the prayer for grant of anticipatory bail to the appellant and submitted that even after taking money, the appellant has not executed the sale deed in favour of the informant.
6. Considering the entire facts and circumstances of the case and also the fact that the appellant bears clean
4/4 antecedent, coupled with the fact that as per the narrations in the FIR, the dispute primarily arises out of an agreement and the appellant is ready to settle the dispute before the competent forum and that the alleged abuse is not committed within public view, let the above named appellant, in the event of his arrest/surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of SC/ST Exclusive Special Judge, Saran at Chapra, in connection with SC/ST P.S. Case No. 12 of 2025 subject to the conditions laid down under Section 482(2) of the B.N.S.S.
7. Accordingly, this appeal is allowed and the impugned order dated 13.05.2025 rejecting the prayer for grant of anticipatory bail to the appellant is set aside. (Praveen Kumar, J) shivam/- U T