Patna High Court
Jai Nandan Pal @ Jai Nandan PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The High Court allowed the appeal, set aside the order rejecting anticipatory bail, and granted bail to the appellants.
Summary
The appellants, Jai Nandan Pal and Vinay Pal, were accused of illegally drawing electricity for irrigation and allegedly hurling caste‑based slurs at the informant when villagers objected, leading to the electrocution of the informant's minor daughter. The FIR, lodged three days after the incident, contained vague and omnibus allegations without specific details or identification of persons present at the alleged abuse. The trial court rejected the appellants' prayer for anticipatory bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On appeal, the High Court noted the appellants' clean antecedent, the lack of a public occurrence of the alleged caste abuse, and the delay in filing the FIR, and held that these factors warranted bail. Consequently, the High Court set aside the lower court’s order and granted anticipatory bail subject to conditions under Sections 438(2) of the Cr.P.C. and 482(2) of the Bombay Negotiable Instruments Act.
Issues considered
- Whether the allegations in the FIR constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether the delay in lodging the FIR affects the grant of anticipatory bail.
- Whether the appellants are entitled to anticipatory bail under Sections 438(2) Cr.P.C. and 482(2) B.N.S.S. in view of the facts.
- Whether the lower court erred in rejecting the anticipatory bail application.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 110, 292, 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(5)
Subjects
- anticipatory bail
- SC/ST Act
- caste harassment
- illegal electricity connection
- FIR delay
- criminal appeal
- bail under CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1973 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- SALAIYA District- Aurangabad
======================================================
1. Jai Nandan Pal @ Jai Nandan Prasad S/O Late Ram Pati Lal R/O Village-
Pirwan,PS-Salaiya, Distt-Aurangabad
2. Vinay Pal @ Vinay Bhagat S/O Late Ram Pati Lal R/O Village-Pirwan,PS-
Salaiya, Distt-Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Jaggu Bhuiyan S/O Late Moti Bhuiyan R/O Village and post-Pirwan,PS-
Salaiya, Distt-Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shailesh Kumar Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 13-02-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor appearing for the State. Although the
notice has been validly served upon respondent No. 2, there is
no representation on his behalf.
2. This appeal under Section 14A(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
30.04.2025 passed by learned District and Additional Sessions
Judge-1st-cum- Special Judge (SC/ST, N.D.P.S. and Children
Act), Aurangabad, in A.B.P. No. 648 of 2025 in connection with
Salaiya P.S. Case No. 22 of 2025, registered under Sections
Patna High Court CR. APP (SJ) No.1973 of 2025(3) dt.13-02-2026
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292, 110, 352 and 3(5) of the B.N.S read with Section 3(1), 3(1)
(r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for grant of
anticipatory bail of the appellant has been rejected.
3. As per the prosecution case, the informant, Jaggu
Bhuiyan, has alleged that on 20.02.2025 his minor daughter,
Jyoti Kumari, aged about 10 years, had gone to attend classes at
Shama Bigha School. During school hours, she went outside the
school premises and came into contact with a live electric wire
installed in the field of the appellants for irrigation purposes,
whereupon she suffered an electric shock and became
unconscious and she was taken to the hospital for treatment. It is
further alleged that the appellants were irrigating their field by
drawing illegal electricity from the pole outside the school and
when the villagers objected to the illegal connection then the
appellants started hurling caste-based slurs at the informant and
threatened him with dire consequences.
4. Learned counsel appearing for the appellants
submits that the appellants bear clean antecedent and are
innocent. It is further submitted that there is a delay of three
days in lodging the FIR without giving any plausible
explanation for the same. It has further been submitted that it
Patna High Court CR. APP (SJ) No.1973 of 2025(3) dt.13-02-2026
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appears from the F.I.R. itself that there is general and omnibus
allegation levelled against the appellants and nothing specific
has been alleged against them. 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, 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
has 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
and the allegation 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 District
and Additional Sessions Judge-1st-cum- Special Judge (SC/ST,
Patna High Court CR. APP (SJ) No.1973 of 2025(3) dt.13-02-2026
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N.D.P.S. and Children Act), Aurangabad in connection with
Salaiya P.S. Case No. 22 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.
7. Accordingly, this appeal is allowed and the
impugned order dated 30.04.2025 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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