Patna High Court
Raju Sah @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 115(1), 115(2), 117(2), 127(1), 3(5), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s)(x)
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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