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Patna High Court

Abhishek VardhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

In the absence of any prima facie material linking the appellant to the alleged offence under the SC/ST (POA) Act, he is entitled to bail and the impugned order granting bail is set aside.

Summary

The appellant, Abhishek Vardhan, appealed to the Patna High Court under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against an order dated 12 May 2026 that had granted him bail in a case involving alleged assault with a hammer. The High Court examined whether the appellant was sufficiently implicated by the FIR and co‑accused statements under the SC/ST (POA) Act and the Bharatiya Nyaya Sanhita. It found that the allegations against the appellant were merely speculative, with no prima facie evidence of his participation or of any caste‑based abuse by him. Consequently, the court held that the appellant was entitled to bail under Section 438(2) of the Criminal Procedure Code. The impugned order was set aside and the appeal was allowed, directing the trial court to release the appellant on bail with a bond of Rs. 10,000 and two sureties.

Issues considered

  • Whether the appellant is entitled to bail under Section 438 CrPC in the absence of prima facie evidence under the SC/ST (POA) Act.
  • Whether the allegations in the FIR and co‑accused statements constitute sufficient material to deny bail.
  • Whether the appeal filed under Section 14A(2) of the SC/ST (POA) Act is within the limitation prescribed by Section 14A(3).

Legislation cited

Subjects

  • bail
  • SC/ST (Prevention of Atrocities) Act
  • prima facie evidence
  • criminal appeal
  • limitation period
  • scheduled caste

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No. 2109 of 2026
                        Arising Out of PS. Case No.-473 Year-2025 Thana- BUXAR District- Buxar
                 ======================================================
                 Abhishek Vardhan Son of Mr. Mayank Shekhar singh Resident of village
                 Budhanpurwa (Professor Colony), P.S. - Buxar Town, Dsitrict - Buxar

                                                                                    ... ... Appellant
                                                       Versus
           1.    The State of Bihar
           2.    Sukar Paswan Son of Late Shyam Sundar Paswan Resident of Village -
                 Maudihra, P.s. Natwar, District- Rohtas at present Senior Treasury officer,
                 Buxar Residence at C/o Sanjay Singh at musafirganj, P.S.- Natwar, District-
                 Buxar.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant/s      :       Mr. Purushottam Kumar, Advocate
                 For the Respondent/s     :       Mr. Usha Kumari 1, Spl. P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   07-07-2026                          Heard the parties.

                               2. The appellant has preferred the present appeal

                   under Section 14A(2) of the Scheduled Castes and Scheduled

                   Tribes (Prevention of Atrocities) Act (for short ‘the Act’)

                   against the order dated 12.05.2026 passed by the learned

                   District and Additional Sessions Judge 1 st cum Special Judge

                   SC/ST (POA), Act, Buxar in A.B.P. No. 276/2026 in connection

                   with Buxar(T) P.S. Case No. 473 of 2025 registered under

                   Sections 332(b), 115(2), 117(2), 109, 3(5) of the Bharatiya

                   Nyaya Sanhita (in short ‘BNS’,2023) and Sections 3(i)(r)(s) of

                   SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No. 2109 of 2026(3) dt.07-07-2026
                                             2/4




                    3. Present appeal is well within limitation as prescribed

          under Section 14A(3) of the Act.

                      4. Notice appears served to informant/ O.P. no.2 vide

          order dated 11.06.2026 by way of substituted mode of

          service, which shows that it has been served validly upon the

          informant/O.P. no.2 but failed to join the present proceedings.

                      5. As per FIR, appellant alleged that on 25.08.2025,

          while he was in house at about 7.30 PM, four to five unknown

          persons entered into house forcibly, where one person was

          holding with hammer and assaulted him indiscriminately

          causing bodily injuries. It is submitted that he was in dispute

          with an office colleague namely, Rajvansh Kumar Singh, the

          only named co-accused, who usually abuses him in his office in

          his caste name. He raised suspicions that the occurrence took

          place on instance of co-accused, namely, Rajvansh Kumar

          Singh.

                      6. Learned counsel appearing for the appellant

          submitted that the appellant was named with present case

          during the course of investigation as he was named by

          apprehended co-accused, namely, Shivam Thakur. It is further

          submitted that even allegations of assault by using hammer is
Patna High Court CR. APP (SJ) No. 2109 of 2026(3) dt.07-07-2026
                                             3/4




          not available against Shivam Thakur rather it was stated that

          the appellant was also one of the persons who was also

          present at the place of occurrence. It is also submitted that

          save and except suspicion, nothing appears available against

          the appellant. It is also submitted that allegations of abusing

          appellant is available against co-accused, namely, Rajvansh

          Kumar Singh and not against the appellant. It is also pointed

          out that appellant is involved in one more criminal case, where

          he is on bail and moreover all injuries was found simple in

          nature.

                      7. Learned Special P.P. while opposing the prayer of

          bail submitted that the appellant found involved actively in the

          occurrence        as     stated      by     co-accused   person   during

          investigation.

                       8. In view of aforesaid factual submissions and by

          taking note of fact, as allegations of abusing informant is not

          available against the appellant rather available against co-

          accused, namely, Rajvansh Kumar Singh, coupled with the

          facts that except suspicious prima facie nothing appearing

          incriminating against the appellant, where allegations of assault

          by hammer prima facie also not available against the appellant,
             Patna High Court CR. APP (SJ) No. 2109 of 2026(3) dt.07-07-2026
                                                          4/4




                       accordingly, above-named appellant in the event of his arrest

                       or surrender before the learned trial Court, within a period of

                       six weeks of the order, is directed to be released on bail

                       furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                       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 (POA), Act, Buxar in A.B.P. No.

                       276/2026 in connection with Buxar(T) P.S. Case No. 473 of

                       2025 subject to the conditions as laid down under Section

                       438(2) of the Cr.P.C.

                                    9. Accordingly, impugned order dated 12.05.2026 as

                       passed through A.B.P. No. 276/2026 is hereby set aside.

                                    10. Hence, appeal stands allowed.


                                                            (Chandra Shekhar Jha, J.)
    Raushan/-

U        T


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