Patna High Court
Sree Ram Kumar @ Chhotu Kumar SoniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting anticipatory bail to the appellants.
Summary
The appellants, Sree Ram Kumar and Subhash Kumar, appealed against the order of the Exclusive Special Judge, SC/ST (POA) Act, Gaya, which had rejected their anticipatory bail application in a case alleging offences under the IPC and the SC/ST Act. The prosecution alleged that the accused had taken a banner order, failed to pay the balance, and later abused the informant with caste slurs and threatened him. The appellants contended that they were falsely implicated and that no offence under the SC/ST Act was made out, arguing that the allegations were general and omnibus. The High Court held that the anticipatory bail application was maintainable, finding the prosecution case insufficient to establish a SC/ST offence and suggesting mala fide prosecution. Consequently, the Court allowed the appeal, set aside the lower court's order, and granted anticipatory bail with conditions under Sections 438(2) of the Cr.P.C. and 482(2) of the BNSS.
Issues considered
- Whether the anticipatory bail application is maintainable when the alleged offence under the SC/ST Act is alleged to be false or mala fide.
- Whether the order rejecting anticipatory bail should be set aside.
- Whether the facts constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 34, 341, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- false prosecution
- caste slur
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1290 of 2024
Arising Out of PS. Case No.-231 Year-2023 Thana- IMAMGANJ District- Gaya
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1. Sree Ram Kumar @ Chhotu Kumar Soni S/o Late Amka Prasad Soni R/o
Vill - Jharha, P.S. - Imamganj, Dist. - Gaya
2. Subhash Kumar @ Subhash Kumar Soni S/o Late Amka Prasad Soni R/o
Vill - Jharha, P.S. - Imamganj, Dist. - Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Upendra Das S/o Raj Kumar Das R/o Vill - Babhandih, P.S. - Imamganj,
Dist. - Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sudhir Kumar Sinha
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 12-03-2026 The service of notice is treated as valid. Despite valid
service of notice, none has appeared on behalf of the
Respondent No. 2.
2. Heard learned counsel for the appellants and the
learned Spl. P.P. for the State.
3. This appeal is preferred against the order dated
16.02.2024 passed by the learned Exclusive Special Judge,
SC/ST (POA)Act, Gaya passed in ABP No. 34 of 2024 arising
out of Imamganj P.S. Case No. 231 of 2023 registered for the
offence under Sections 341, 323, 504/34 of the Indian Penal
Code and under Sections 3(i)(r)(s) of the SC/ST Act, by which
Patna High Court CR. APP (SJ) No.1290 of 2024(5) dt.12-03-2026
2/3
the prayer of the appellants for anticipatory bail was rejected.
4. As per the prosecution case, the informant alleges
that the accused persons ordered a banner from his shop and
paid Rs. 2,900, leaving a balance of Rs. 600. Although the
accused allegedly promised to pay the remaining amount within
two days, they failed to do so. On 22.08.2023, when the
informant visited the accused persons’ shop to demand the
outstanding payment, the accused allegedly abused him using
caste-based slurs, refused to pay the balance, and threatened
him.
5. Learned counsel for the appellants submits that the
appellants have falsely been implicated in this case and no
offence under the provisions of SC/ST Act is made out in this
case and therefore, this anticipatory bail application is
maintainable. He further submits that the allegations levelled
against the appellants are general and omnibus in nature.
6. Learned counsel for the State has opposed the
prayer of the appellants.
7. From the reading of the entire FIR, it does not
appear that offence has been committed against the informant on
the ground that he is a member of SC/ST community and the
same appears to be a mala fide prosecution.
Patna High Court CR. APP (SJ) No.1290 of 2024(5) dt.12-03-2026
3/3
8. In these circumstances, in the opinion of this Court,
this application for grant of anticipatory bail is maintainable.
9. Considering the rival submissions of the parties and
the facts of the case, the appeal stands allowed. Accordingly, the
16.02.2024 passed by the learned Exclusive Special Judge,
SC/ST (POA) Act, Gaya passed in ABP No. 34 of 2024 arising
out of Imamganj P.S. Case No. 231 of 2023 is hereby set aside.
10. Let the appellants, in the event of their arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Imamganj P.S. Case No. 231 of 2023 ,
subject to the conditions laid down under Section 438(2) of the
Cr. P.C./ Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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