Patna High Court
PRINCE KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants on conditions.
Summary
The appellants, Prince Kumar and Pushkar Kumar, were charged under several IPC provisions and Sections 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant, abusing him with caste slurs, and snatching his gold chain. They contended that the dispute was a private, petty altercation between friends, that the allegations were vague and not witnessed in public, and that no specific overt act under the SC/ST Act could be established. The State opposed the bail application, emphasizing the seriousness of the offences. The Special Judge had rejected their anticipatory bail, prompting this appeal. The Patna High Court, considering the nature of the accusation and the appellants' clean antecedent, set aside the lower court’s order and granted bail on the condition of furnishing bail bonds of Rs.10,000 each with two sureties, provided they surrender within eight weeks.
Issues considered
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act constitute a cognizable offence warranting denial of anticipatory bail.
- Whether the specific overt act required under Section 3(1)(r)(s) of the SC/ST Act is established.
- Whether the appellants are entitled to anticipatory bail given the nature of the accusations and their clean antecedent.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- scheduled castes
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2244 of 2023
Arising Out of PS. Case No.-843 Year-2022 Thana- BODHGAYA District- Gaya
======================================================
1. Prince Kumar Son Of Parsu Singh R/O-Rajapur, P.S.-Bodhgaya, Distt.-Gaya
2. Pushkar Kumar @ Pursottam Prakash @ Purshottam Prakash Son Of Late
Om Prakash R/O-Rajapur, P.S.-Bodhgaya, Distt.-Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Manish Kumar Son Of Ram Pravesh Manjhi R/O-Shivpur, p.s.-Magadh
University, Distt.-Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manish Kumar No2, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 19-03-2026 None appears on behalf of the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
11.04.2023 passed by learned Exclusive Special Judge, SC/ST,
Gaya in ABP No. 111 of 2023 arising out of Bodhgaya P.S. Case
No. 843 of 2022 registered under Sections 341, 323, 379, 504,
506/34 of the Indian Penal Code and Section 3(1)(r)(s) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
appellants has been rejected.
4. As per F.I.R., when informant was going to attend
Patna High Court CR. APP (SJ) No.2244 of 2023(5) dt.19-03-2026
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the coaching class, these appellants assaulted and abused the
informant by caste name. It is further submitted that the accused
persons also snatched gold chain.
5. Learned counsel for the appellants submits that
both parties are friends and due to petty dispute, altercation took
place between them. Allegation of assault is general and
omnibus and there is no allegation of any specific overt act
against the appellants. It is not the case of informant that alleged
incident occurred within public view and as such, no case under
SC/ST Act is made out against the appellants. Appellants claim
clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation and clean
antecedent, let the appellants, as named above, in the event of
their arrest/surrender within a period of eight weeks from today,
be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in
ABP No. 111 of 2023 arising out of Bodhgaya P.S. Case No.
843 of 2022.
8. Accordingly, this criminal appeal is allowed and
Patna High Court CR. APP (SJ) No.2244 of 2023(5) dt.19-03-2026
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impugned order dated 11.04.2023 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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