Patna High Court
PRITAM KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order rejecting bail and granted bail to the appellant.
Summary
The appellant, Pritam Kumar, was charged under several provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing a girl of a Scheduled Caste and threatening her with a pistol. The trial court rejected his bail application, citing the seriousness of the offences. On appeal under Section 14‑A(2) of the SC/ST Act, the High Court examined the five‑day delay in filing the FIR, the absence of any specific allegation of an overt act, the appellant’s clean antecedents, and the length of his custody. Finding that these factors warranted bail, the Court set aside the lower court’s order and granted bail on a bond of Rs.10,000 with two sureties. Consequently, the criminal appeal was allowed.
Issues considered
- Whether bail can be granted to an accused under the SC/ST (Prevention of Atrocities) Act and the Bharatiya Nyaya Sanhita in view of the alleged caste‑based abuse and threat.
- Whether the five‑day delay in lodging the FIR and lack of a specific overt act affect the grant of bail.
- Whether the order rejecting bail under Section 14‑A(2) of the SC/ST Act is legally sustainable.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14-A(2), 3(2)(va), 3(i)(r)(s)(w)
Subjects
- bail
- SC/ST Act
- caste based offence
- delay in FIR
- criminal appeal
- prevention of atrocities
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2177 of 2025
Arising Out of PS. Case No.-37 Year-2024 Thana- SC/ST District- Khagaria
======================================================
PRITAM KUMAR SON OF HARDEV SHARMA @ HARKHORI
SHARMA RESIDENT OF VILLAGE -SAMASPUR PS- MAHESHKHUNT,
DIST- KHAGARIA
... ... Appellant/s
Versus
1. The State of Bihar
2. BINDU DEVI WIFE OF SIKANDAR RAJAK RESIDENT OF VILLAGE
-SAMASPUR PS- MAHESHKHUNT, DIST- KHAGARIA
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ranjeet Kumar Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. PP
For informant : Mr. Bharat Bhushan, Advocate
Mr. Vidyapati , Advocate
Mr. Aditya Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 08-01-2026 Heard learned counsel for the appellant, learned
Spl. Public Prosecutor appearing on behalf of the State and
learned counsel for the Respondent No. 2.
2. This appeal has been preferred on behalf of the
appellant under Section 14-A(2) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act for setting aside
the order dated 25.04.2025 registered for the offences
punishable under Sections 126(2), 115(2), 74, 352, 351(2) of the
Bharatiya Nyaya Sanhita and Section 3(i)(r)(s)(w), 3(2)(va) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for bail of the appellant has
Patna High Court CR. APP (SJ) No.2177 of 2025(3) dt.08-01-2026
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been rejected.
3 . As per prosecution case , on 28.09.2024 , while
daughter of the informant was returning from after tuition class,
this appellant abused her by caste name and misbehaved with
her and threatened her on the point of pistol.
4. Learned counsel for the appellant submits that
appellant is innocent and has committed no offence. There is no
specific allegation of overt act against the appellant. There is
inordinate delay of five days in lodging the F.I.R. for which
there is no plausible explanation . It is not the case of the
informant that the alleged incident occurred within the public
view, as such no offence under Sections of SC/ST Act is made
out against appellant. Appellant claims clean antecedent.
Chargesheet has already been submitted. Appellant is in custody
since 08.04.2025 .
5 . Learned Spl. Public Prosecutor for the State and
learned counsel for the respondent no. 2 oppose the bail
application .
6. Considering the aforesaid facts, period of custody and
circumstances of the case , let the appellant, as named above be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. APP (SJ) No.2177 of 2025(3) dt.08-01-2026
3/3
satisfaction of the learned District and Additional Session Judge
Ist-cum- Special Judge ( SC / ST ) Khagaria in connection with
Khagaria P.S. Case No. 37 of 2024 .
7. Accordingly, the impugned order dated 25.04.2025
is set aside and this criminal appeal is allowed.
(Prabhat Kumar Singh, J)
Koushik/-
U
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