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Patna High Court

Raju Sah @ Raju KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail should be granted and set aside the order rejecting the bail application.

Summary

The appellants, members of a family from Champapur, were charged under the SC/ST (Prevention of Atrocities) Act and several sections of the Indian Penal Code for allegedly assaulting and verbally abusing the informant, Parma Paswan, on caste grounds. They applied for anticipatory bail, which was rejected by the Special Judge. On appeal, the High Court examined the medical report, noting that the injuries described did not match the alleged head injuries, and observed that the alleged caste abuse was not committed in public view. The Court also considered the existence of a prior case filed by the appellants against the informant, their clean antecedent, and the lack of corroborative evidence. Consequently, the Court granted anticipatory bail subject to conditions and set aside the order rejecting the bail application.

Issues considered

  • Whether anticipatory bail can be granted under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act when the alleged caste-based abuse is not substantiated.
  • Whether the alleged assault and verbal abuse constitute an offence punishable under the SC/ST Act and the Indian Penal Code.
  • Whether the existence of a prior case between the parties and the clean antecedent of the appellants affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • assault
  • bail under criminal procedure
  • clean antecedent

Judgment

                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (SJ) No.2066 of 2025

                 Arising Out of PS. Case No.-291 Year-2024 Thana- RAMGARHWA District-
                                              East Champaran
                 ======================================================
           1.     Raju Sah @ Raju Kumar S/O Late Baliram Sah R/O Vill.- Champapur, P.s.-
                  Ramgarhwa, Dist.- East Champaran.
           2.    Ram Ayodhya Sah @ Ram Ayodhya Prasad S/O Late Baliram Sah R/O
                 Vill.- Champapur, P.s.- Ramgarhwa, Dist.- East Champaran.
           3.    Rajan Sah @ Rajan Prasad S/O Late Baliram Sah R/O Vill.- Champapur,
                 P.s.- Ramgarhwa, Dist.- East Champaran.
           4.    Umravati Devi W/O Late Baliram Sah R/O Vill.- Champapur, P.s.-
                 Ramgarhwa, Dist.- East Champaran.

                                                                        ... ... Appellant/s
                                                 Versus
           1.    The State of Bihar 1Patna
           2.    Parma Paswan S/O Late Kari Paswan R/O Vill.- Champapur, P.s.-
                 Ramgarhwa, Dist.- East Champaran.

                                                                ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s   :      Mr. Yerra Madhavi, Adv.
                 For the Respondent/s  :      Mr. Binay Krishna, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

4   13-02-2026                 Heard learned counsel for the appellants and

                  learned Special Public Prosecutor appearing for the State

                  and also learned counsel for the respondent No2.

                                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 22.04.2025 passed by learned Special Judge, SC/ST

                  Act, East Champaran, Motihari in A.B.P. No. 1372 of 2025 in
Patna High Court CR. APP (SJ) No.2066 of 2025(4) dt.13-02-2026
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          connection with Ramgarhwa P.S. Case No. 291 of 2024

          registered under Sections 127(1), 115(2), 115(1), 117(2),

          352, 3(5) of B.N.S. and Section 3(1)(r)(s)(x) of Scheduled

          Castes and Scheduled Tribes (Prevention of Atrocities) Act,

          1989, whereby the prayer for grant of anticipatory bail of the

          appellants has been rejected.

                          3. As per the prosecution case, the informant,

          Parma Paswan alleged that on 11.11.2024 at about 4:00 P.M,

          the appellants along with others variously armed with lathi,

          danda and iron rod came near him and started throwing cow

          dung by abusing him with his caste name. On protest being

          made by him, appellants and his associates assaulted him by

          means of lathi and danda. It is specifically alleged that Raju

          Sah, appellant No.1 inflicted iron rod blow over the head of

          his brother, Barma Paswan and somehow he managed to

          save his head but sustained injury on his right hand due to

          which his right hand got fractured. It is further alleged that

          appellant No.2 Ram Ayodhya Singh gave a farsa blow on the

          head of his brother, namely, Sharma Paswan due to which he

          sustained injury on his head and he fell down after being

          unconscious. All the accused persons were abusing them by

          his caste name during the assault with lathi, danda, fists and
Patna High Court CR. APP (SJ) No.2066 of 2025(4) dt.13-02-2026
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          slaps.

                          4.    Learned counsel for the appellants submits

          that the appellants, who are of clean antecedent, are

          innocent and have not committed any offence. He submits

          that although the appellant No.1 is alleged to have assaulted

          upon the head of the informant while others are alleged to

          have assaulted in general and omnibus terms, injury report

          as contained in the case diary would go to show that the

          injuries sustained by the informant are abrasion with

          swelling on left forearm and another one is pain with

          swelling on right shoulder. Further referring to the nature of

          injuries, the learned counsel submits that the injuries

          sustained by the informant does support the allegation

          levelled in the F.I.R. against the appellant No.1, whereas he is

          alleged to have assaulted on the head of the informant. So far

          as offence of abuse by caste name is concerned, the same has

          not been committed in a public view, therefore, no case

          attracting the rigours of SC/ST Act is made out against the

          appellants. He further submits that there is case and counter

          case between the parties but the case lodged by the

          appellant is prior to the case lodged by the informant. In fact,

          this case is lodged by the informant only to create defence to
Patna High Court CR. APP (SJ) No.2066 of 2025(4) dt.13-02-2026
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          the case lodged by the informant.

                          5. Learned Special Public Prosecutor as well as

          learned counsel for respondent No.2 have vehemently

          opposed the prayer for grant of anticipatory bail to the

          appellants. Learned counsel for respondent No.2 submits

          that there is specific allegation of assault upon appellant

          No.1 while others have actively particiapted in the

          occurrence though in general and omnibus terms. He further

          submits that it appears from the F.I.R. that the occurrence

          has been committed in public view.

                          6.     Considering           the       entire   facts   and

          circumstances of the case, particularly the fact that the

          injuries sustained by the informant is not corroborated by

          the allegation levelled in the F.I.R., moreover, there is case

          and counter case between the parties and the case lodged by

          the appellants is prior to the case lodged by the informant

          and also there is no recital of commission of offence of abuse

          in a public view and also the appellants bear clean

          antecedent, 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
            Patna High Court CR. APP (SJ) No.2066 of 2025(4) dt.13-02-2026
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                      the satisfaction of the learned Special Judge, SC/ST (POA)

                      Act,     East     Champaran,         Motihari          in   connection   with

                      Ramgarhwa P.S. Case No. 291 of 2024 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 22.04.2025 rejecting the prayer for

                      grant of anticipatory bail to the appellants is, hereby, set

                      aside.



                                                 (Praveen Kumar, J)
brajesh/-

U       T


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