Patna High Court
ANAND KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to the appellant.
Summary
Anand Kumar was charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing a caste name and assaulting an informant at a car showroom. The informant claimed the abuse occurred when he inquired about a car, while the appellant contended he was merely a sales consultant with no role in selling the vehicle and that no public was present, asserting his innocence and clean antecedent. The Special Judge had rejected his anticipatory bail application. On appeal, the Patna High Court examined whether the allegations amounted to an offence under the SC/ST Act and considered the bail criteria. Finding insufficient basis to deny bail, the Court set aside the lower court’s order and granted anticipatory bail to the appellant, subject to bond and sureties.
Issues considered
- Whether the appellant's alleged conduct constitutes an offence punishable under the SC/ST (Prevention of Atrocities) Act.
- Whether anticipatory bail should be granted to the appellant in view of the allegations and the statutory provisions.
Legislation cited
- Indian Penal Code — s. 323, 341, 420, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(i)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste discrimination
- assault
- criminal procedure
- bail
- scheduled castes
- scheduled tribes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1241 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- SC/ST District- Nawada
======================================================
Anand Kumar Son Of Shiv Shankar Prasad Resident Of Indrapuri, Road No.-
5, P.S. - Patliputra, District - Patna
... ... Appellant/s
Versus
1. The State Of Bihar
2. Nagina Prasad Son Of Baldev Prasad Singh Resident Of Village -
Sirdala,Near P.N.B. Bank, P.S. - Nawada, District - Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sharda Nand Mishra, Advocate
Mr. Deepak Kumar, Ms. Isha Mishra, Advocates
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
For the R.No. 2 : Mr. Devendra Prasad Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-04-2026 Heard learned counsel for the appellant, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
01.03.2025 passed by learned Exclusive Special Judge, Special
Court, SC/ST Act, Nawada in ABP No. 617 of 2025 arising out
of SC/ST P.S. Case No. 02 of 2025 registered under Sections
323, 341, 504, 506, 420 of the Indian Penal Code and Section
3(1)(r)(i)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellant has been rejected.
3. Informant, alleges that when he went to the
showroom to enquire about a car, this appellant along with other
accused persons abused by caste name and assaulted him.
Patna High Court CR. APP (SJ) No.1241 of 2025(4) dt.23-04-2026
2/3
4. Learned counsel for the appellant submits that
appellant is innocent and has committed no offence. Appellant
was Sales Consultant at Nutan Automobile Pvt. Ltd. from the
years 2018 to November 2020 and not the Sales Manager. His
duty was to take care of the customers and he had no role in
selling the car and as such, there was no occasion for this
appellant to indulge in conversation or abuse informant by caste
name. It is not alleged 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 appellant. Appellant claims clean
antecedent.
5. Learned Spl. Public Prosecutor for the State and
learned counsel for the respondent no. 2 vehemently opposed
the bail application.
6. Considering the aforesaid facts, let the appellant, as
named above, in the event of his arrest/surrender within a period
of eight weeks from today, be enlarged on bail on furnishing
bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge, Special Court, SC/ST Act, Nawada in ABP No.
617 of 2025 arising out of SC/ST P.S. Case No. 02 of 2025.
7. Accordingly, this criminal appeal is allowed and
Patna High Court CR. APP (SJ) No.1241 of 2025(4) dt.23-04-2026
3/3
impugned order dated 01.03.2025 is set aside with respect to
this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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