Patna High Court
Abhishek VardhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 332(b), 3(5)
- Criminal Procedure Code — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(2), 14A(3), 3(i), 3(r), 3(s)
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/-
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