Patna High Court
Sachin Giri @ Sachin Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that the appellants are entitled to anticipatory bail and set aside the order rejecting their bail application.
Summary
The appellants, three members of the Giri family, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for assaulting a villager and his grandson, using caste‑based slurs and damaging property. They applied for anticipatory bail, which was rejected by the Special Judge SC/ST (PoA) Act, Samastipur. On appeal under Section 14A(2) of the SC/ST Act, the High Court noted the appellants' clean antecedent, the fact that similar co‑accused had been granted anticipatory bail, and that the alleged caste abuse did not occur in a public place as required by the Act. Considering these circumstances, the Court allowed the appeal, set aside the lower court’s order, and directed that the appellants be released on anticipatory bail upon furnishing bond and sureties. The order was made subject to the conditions of Section 482(2) of the Bihar Negotiable Instruments Act and Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act.
- Whether the alleged caste‑based abuse falls within the ambit of the SC/ST Act, i.e., whether it was committed in a public place.
- Whether the clean antecedent of the appellants and the grant of anticipatory bail to co‑accused warrant the same relief.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va), 3(5)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- public place requirement
- clean antecedent
- Section 14A
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1473 of 2025
Arising Out of PS. Case No.-13 Year-2025 Thana- SC/ST District- Samastipur
======================================================
1. Sachin Giri @ Sachin Kumar Giri S/o Ranjit Giri R/o Village- Raipur P. S. -
Ujiyarpur Dist. - Samastipur
2. Rahul Giri @ Rahul Kumar S/o Sanjeet Giri @ Ranjit Giri R/o Village-
Raipur P. S. - Ujiyarpur Dist. - Samastipur
3. Govind Giri @ Govind Kumar Giri S/o Ranjit Giri R/o Village- Raipur P. S.
- Ujiyarpur Dist. - Samastipur
... ... Appellant/s
Versus
1. The State of Bihar
2. Aklu Paswan S/o Late Jagdu Paswan R/o vill - Raipur, P.s.- Ujiyarpur,
Distt.- Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dilip Kumar Roy, Advocate
For the Respondent no. 2 : Mr. Barun Kumar Singh, Advocate
For the State : Mr. Binay Krishna, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 26-02-2026 Heard learned counsel for the appellants, 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
26.03.2025 passed by learned Special Judge SC/ST (PoA) Act,
Samastipur, in A.B.P. No. 582 of 2025 in connection with
Patna High Court CR. APP (SJ) No.1473 of 2025(4) dt.26-02-2026
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SC/ST P.S. Case No. 13 of 2025, registered under Sections
126(2), 115(2), 303(2), 329(4), 352, 351(2) and 3(5) of the
B.N.S read with Section 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for grant of anticipatory bail
of the appellants has been rejected.
3. As per the prosecution case, on 20.01.2025 at
around 7:00 P.M., the informant was at his home and after
hearing noise/scream of his grandson, Sumit Paswan, he along
with his sons rushed there and saw that Sachin Giri (appellant
no. 1), Mantosh Giri and Bittu Giri were surrounding Sumit
Paswan, hurling caste-based slurs and beating him and when the
informant tried to rescue his grandson, then all the accused
persons threatened him with dire consequences and fled away
on their motorcycles. It is further alleged that twenty minutes
later, the appellants and the co-accused persons arrived and
forcibly entered the house of the informant and destroyed
utensils and furniture. Thereafter, they started assaulting the
informant by means of bomboo stick and abused him by calling
his caste name. When family members of the informant
intervened to rescue him, they also assaulted them. When the
villagers gathered, then all the accused persons fled away,
Patna High Court CR. APP (SJ) No.1473 of 2025(4) dt.26-02-2026
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leaving their motorcycle bearing Registration No.
BR33AK6301 and the informant and his family members were
taken to Sadar Hospital, Samastipur for treatment.
4. Learned counsel appearing for the appellants
submits that the appellants bear clean antecedent and are
innocent. It is further submitted that there is no specific
allegation against the appellants rather the allegation against the
appellants are general and omnibus in nature. It is submitted that
the appellants and the informant are co-villagers. The grandson
of the informant is friend of the appellants and it is stated that
for petty matter, they have quarreled and during that some
scuffling took place which was settled down after intervention
of both sides. Moreover, the co-accused persons, Bittu Giri and
Vinod Giri have already been granted the privilege of
anticipatory bail by a co-ordinate Bench of this Court in Cr.
Appeal (S.J.) No. 1614 of 2025 vide order dated 12.11.2025 and
the case of the appellants are similar to that of the aforesaid co-
accused persons. As regards allegation of abuse with the caste
name attracting the rigours of SC & ST Act is concerned, it is
not committed in a 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. He further submits that no case,
Patna High Court CR. APP (SJ) No.1473 of 2025(4) dt.26-02-2026
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as alleged in the F.I.R, attracting rigours of SC & ST Act, is
made out against the appellants. Hence, the impugned order
may be set aside and the appellants may be granted the privilege
of anticipatory bail.
5. Learned Special Public Prosecutor for the State
and learned counsel for the Respondent no. 2 have vehemently
opposed the prayer for grant of anticipatory bail to the
appellants.
6. Considering the entire facts and circumstances of
the case and the fact that the appellants bear clean antecedent
coupled with the fact that the co-accused persons having more
of less similar allegation, have already been granted the
privilege of anticipatory bail by a co-ordinate Bench of this
Court and the allegation of abuse by caste name does not appear
to be within public view, let the above named appellants in the
event of their arrest/surrender within a period of six weeks be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Special Judge SC/ST (PoA) Act,
Samastipur, in connection with SC/ST P.S. Case No. 13 of 2025,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S/Section 438(2) of the Cr.P.C.
Patna High Court CR. APP (SJ) No.1473 of 2025(4) dt.26-02-2026
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7. Accordingly, this appeal is allowed and the
impugned order dated 26.03.2025 rejecting the prayer for grant
of anticipatory bail to the appellants is, hereby, set aside.
(Praveen Kumar, J)
Jyoti/-
U T
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