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Patna High Court

Jai Nandan Pal @ Jai Nandan PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/4




          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
                                             3/4




          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
                                                           4/4




                        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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