Patna High Court
Balister Kumar @ Bali ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The High Court allowed the appeal and granted anticipatory bail to the appellant, setting aside the lower court’s refusal.
Summary
Balister Kumar appealed against the refusal of anticipatory bail in a case where he was charged under several sections of the Bihar Non‑tribal Statutes and the SC/ST (Prevention of Atrocities) Act for allegedly using caste‑based abusive language and assaulting an informant. The prosecution alleged that on 17‑08‑2025, the appellant and others verbally abused the informant and assaulted him, causing injury. The appellant contended that he was falsely implicated due to village politics, that no specific allegation of abuse was made against him, and that the incident did not occur in public. The Special Public Prosecutor opposed bail, but the High Court found the allegations vague and not specifically directed at the appellant, and therefore granted anticipatory bail, setting aside the lower court’s order. The court imposed standard bail conditions under Section 438(2) of the CrPC.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 438 CrPC despite allegations under the SC/ST (POA) Act and other statutes.
- Whether the FIR contains specific allegations against the appellant sufficient to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va), 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST (POA) Act
- caste abuse
- assault
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.128 of 2026
Arising Out of PS. Case No.-438 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
Balister Kumar @ Bali Chaudhary Son of Late Jagal Chaudhary @ Late
Jangalal Chaudhary @ Ganglal Chaudhary Resident of Ward no 5, Tilangahi
Mianapur PS -Bairiya District -West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Sanjiv Kumar Son of Lalan Ram Resident Of Village- Nautan Khap Tola,
Ward no. 10, Ps- Nautan, Dist- West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Umesh Kumar Gupta, Adv.
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 16-04-2026 Heard learned counsel for the appellant and learned
Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated 18-11-
2025 passed by the learned District & Additional Sessions
Judge-1-cum-Special Judge, SC/ST (POA) Act, Bettiah, West
Champaran in connection with Nautan P.S. Case No. 438 of
2025 registered under Sections 126(2), 115(2), 351(2), 352and
3(5) of B.N.S. as well as Sections- 3(i)(r)(s), 3(2)(va) of SC/ST
(POA) Act.
3. As per prosecution case, on 17-08-2025, in course
of returning home from market, in the way, the appellant and
Patna High Court CR. APP (SJ) No.128 of 2026(3) dt.16-04-2026
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other accused persons intervened and in consequence of the
same, they uttered abusive language taking his caste name. It is
further allegation that the informant was assaulted by the
appellants and other accused persons, as a result of which, the
informant sustained injury.
4. Learned counsel for the appellant has submitted
that the appellant is innocent and he has falsely been implicated
in this case due to dirty village politics. The occurrence,
whatsoever has not taken place in a public view. There is no
specific allegation against the appellant rather general and
omnibus allegation has been levelled against him. So far as the
assault upon the informant is concerned, the same is not
attracted to the appellant rather the allegation of assault is
against other co-accused persons. Both parties are next door
neighbours.
5. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellant based
upon the allegation made in the F.I.R.
6. From the reading of the allegations levelled in the
FIR, it does not appear that at the time of alleged occurrence,
any public was present and also there is no allegation of the
nature of abuse that was allegedly hurled by the appellant,
Patna High Court CR. APP (SJ) No.128 of 2026(3) dt.16-04-2026
3/3
except that general allegation of hurling abuse on caste lines has
been made.
6. Considering all these aspects of the matter, I am
inclined to grant anticipatory bail to the appellant and
accordingly, the impugned order dated 18-11-2025 passed by
the learned District & Additional Sessions Judge-1-cum-Special
Judge, SC/ST (POA) Act, Bettiah, West Champaran in
connection with Nautan P.S. Case No. 438 of 2025 is set aside
and the appeal stands allowed.
7. Let the appellant, above named, in the event of his
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 each of them bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of learned District & Additional Sessions
Judge-1-cum-Special Judge, SC/ST (POA) Act, Bettiah, West
Champaran in connection with Nautan P.S. Case No. 438 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure.
(Alok Kumar Sinha, J)
A.K.V.//-
U T
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