Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to the appellant as the FIR does not specifically allege that he used caste‑based slurs, and the Special Judge’s order is set aside.
Summary
The appellant, Gaurav Kumar, was implicated in a FIR alleging caste‑based slurs, assault and other offences under the SC/ST (Prevention of Atrocities) Act and several sections of the BNS, 2023. The FIR described a confrontation in which the informant’s son was photographing the incident, his mobile was snatched by a co‑accused, and both he and his mother were assaulted. The appellant contended that he was falsely implicated, that no specific allegation linked him to caste‑based abuse, and that the mobile was taken by another accused. The Special Judge had rejected the appellant’s anticipatory bail application. The Patna High Court, noting the absence of a specific allegation that the appellant used caste slurs, held that the anticipatory bail should be granted and set aside the Special Judge’s order. The court directed that, if arrested, the appellant be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the BNS, 2023.
Issues considered
- Whether the anticipatory bail application of the appellant should be granted in the absence of a specific allegation of caste‑based abuse under the SC/ST (Prevention of Atrocities) Act.
- Whether the order of cognizance passed by the Exclusive Special Judge is valid in view of the nature of the allegations.
Legislation cited
- BNS, 2023 — s. 115(2), 190, 191(2), 303(2), 351(2), 351(3), 352, 482(2), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2408 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- SC/ST District- Patna
======================================================
Gaurav Kumar S/o- Munna Prasad Village- Koiribigha P.S- Jainpur Dist-
Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Meena Devi W/o- Rajdev Mochi R/o- Koiribigha Ps- Janipur Dist- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs. Priyanka Singh, Adv.
: Mr. Harsh Kumar, Adv.
For the Respondent/s : Mr. Nawal Kishore Pd., App.
For the O.P. No. 2 : Mr. Gajendra Kumar, Sr. Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 23-02-2026 1. Heard learned counsel for the appellant and learned
Additional Public Prosecutor for the State.
2. An order, dated 28.05.2025, passed by learned
Exclusive Special Judge, SC/ST Act, (Sadar) Patna, in ABP No.
2050 of 2025, is under challenge in the present appeal preferred
under Section 14-A (2) of the Schedule Caste and Schedule
Tribes (Prevention of Atrocities) Act, 1989, whereby the
anticipatory bail application of the appellant in connection with
SC/ST Police Station Case No. 22 of 2025 registered for the
offence punishable under Sections 191(2), 190, 115(2), 74,
303(2), 352, 351(2), 351(3) of the BNS, 2023 and Section 3 (1)
Patna High Court CR. APP (SJ) No.2408 of 2025(5) dt.23-02-2026
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(r)(s)/3(2)(va) of the Schedule Caste/Schedule Tribe (Prevention
of Atrocities) Act, has been rejected.
3. As per the FIR, on 30.03.2025, in the morning, the
son of the informant was present near the house of one Ashok
Mochi in the village. After some time, appellant along with
other accused persons arrived there and were abusing the
villagers by using caste-based slurs. The informant's son was
taking photographs from his mobile in order to keep the
evidence. The co-accused/Anchal Kumar, snatched mobile of
the informant's son, abused him and when her son resisted, the
FIR named accused, including the appellant, assaulted him by
legs, fists, etc. When the informant rushed to the spot in order to
save her son, she was also pulled down on the ground and was
assaulted.
4. Learned counsel for the appellant submits that he
has falsely been implicated in this case due to village politics.
There is no allegation against the appellant that he abused the
informant or her son by their caste name. General and omnibus
allegation has been made against the appellant. The mobile was
snatched by the co-accuse Anchal Kumar and not by the
appellant. No serious injury has been caused to the informant or
her son.
Patna High Court CR. APP (SJ) No.2408 of 2025(5) dt.23-02-2026
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5. Learned counsel for the O.P. No. 2/informant
submits that appellant is named in the FIR and as per his
instruction, the cognizance has been taken.
6. Having regard to the submissions made on behalf
of the parties and taking into consideration the nature of
allegation and the fact that there is no specific allegation against
the appellant that he abused the informant or her son by their
caste name, the order of cognizance has not been brought on
record, I am inclined to grant the appellant privilege of
anticipatory bail.
7. This appeal is, accordingly, allowed and the order,
dated 28.05.2025, passed by learned Exclusive Special Judge,
SC/ST Act, (Sadar) Patna, in ABP No. 2050 of 2025, is set
aside.
8. Let the appellant, above named, in the event of his
arrest or surrender before the Court below within four 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 the
satisfaction of learned Exclusive Special Judge, SC/ST Act,
(Sadar) Patna, in connection with SC/ST Police Station Case
No. 22 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
Patna High Court CR. APP (SJ) No.2408 of 2025(5) dt.23-02-2026
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482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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