Patna High Court
Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellants subject to statutory conditions.
Summary
The appellants, four brothers, were accused of assaulting the complainant's younger brother and using caste-based slurs during a Holi celebration, leading to serious injuries. The trial court rejected their application for anticipatory bail under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On appeal, the counsel highlighted the appellants' clean antecedents, the absence of an injury report, and argued that the alleged caste abuse did not occur in a public place. The Special Public Prosecutor opposed bail, emphasizing the seriousness of the offences. The Patna High Court, considering the lack of medical evidence and the private nature of the alleged abuse, granted anticipatory bail subject to conditions under Sections 438(2) and 482(2) of the CrPC, and set aside the trial court's order.
Issues considered
- The applicability of Section 14A(2) of the SC/ST (Prevention of Atrocities) Act to grant anticipatory bail.
- Whether the alleged caste-based abuse occurred in a public place as required under the Act.
- The relevance of the absence of an injury report to the grant of bail.
- The suitability of granting anticipatory bail under Sections 438 and 482 of the CrPC in the present facts.
Legislation cited
- Code of Criminal Procedure — s. 438(2), 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste based assault
- Criminal Procedure Code
- public place requirement
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2456 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
1. Ajeet Kumar S/o Kedar Singh Resident of Village- Tetrahi, P.S. Haspura,
District- Aurangabad
2. Manoj Singh @ Manoj Kumar S/o Kedar Singh Resident of Village- Tetrahi,
P.S. Haspura, District- Aurangabad
3. Sujeet Kumar S/o Kedar Singh Resident of Village- Tetrahi, P.S. Haspura,
District- Aurangabad
4. Rajesh Kumar @ Rajesh Yadav S/o Naresh Singh Resident of Village-
Tetrahi, P.S. Haspura, District- Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Chandan Kumar S/o Mahendra Paswan Resident of Village- Tetrahi Tola
Ammabigha, P.S. Haspura, District- Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Binod Kumar Pandey, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 25-02-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor appearing for the State. Although the
notice has been validly served upon respondent No.2, there is no
representation on his behalf.
2. This appeal under Section 14A(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
29.05.2025 passed by learned A.D.J.-1st-cum-Spl Judge (SC/ST
N.D.P.S. and Children Act), Aurangabad in A.B.P. No. 918 of
Patna High Court CR. APP (SJ) No.2456 of 2025(4) dt.25-02-2026
2/4
2025 in connection with Haspura P.S. Case No. 76 of 2025,
registered under Sections 126(2), 115(2), 117(2), 109(1), 74,
303(2) and 3(5) of the B.N.S. read with Sections 3(1)(r)(s) and
3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989, whereby the prayer for grant of
anticipatory bail of the appellants has been rejected.
3. As per the prosecution case, on 15.03.2025, the
informant, namely, Chandan Kumar, was sitting at his door. All
the accused persons including these appellants were singing holi
songs and dancing under the influence of alcohol on the D.J. In
the meantime, the appellants and the other co-accused came and
took his younger brother (Rahul Kumar) and persuaded him to
dance with them, who refused, but they took him forcibly to
their group. After some time, when the informant went to call
his younger brother, he saw that accused persons were
assaulting his brother at the door of Manoj Singh (appellant no.
2) and when the informant tried to pacify the situation, all the
accused persons started hurling caste based slurs at him and Ajit
Kumar (appellant no. 1) assaulted Rahul Kumar on his head by
means of iron rod due to which he sustained severe head injury.
When Nitish Kumar and Tuni Devi intervened to rescue them,
then Sambhu Kumar assaulted Nitish Kumar due to which he
Patna High Court CR. APP (SJ) No.2456 of 2025(4) dt.25-02-2026
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sustained grievous head injuries and accused Shubham Kumar
also beaten Tuni Devi and snatched a gold chain from her worth
Rs. 60,000/-. Thereafter, Rahul kumar was taken to Magadh
Medical, Gaya for treatment.
4. Learned counsel appearing for the appellants
submits that the appellants bear clean antecedent and are
innocent. Although there is allegation of assault in the F.I.R.
against the appellants, but as appears from the case diary, which
is on record, no injury report was produced to substantiate the
said allegation. It has further been submitted that there is a case
and counter case between the parties. As regards allegation of
abuse with the caste name attracting the rigours of SC & ST Act
is concerned, it is not committed in a public place nor any
person has been named to be present at the place of occurrence
when the alleged offence of abuse was being committed. Hence,
the impugned order may be set aside and the appellants may be
granted the privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
has vehemently opposed the prayer for grant of anticipatory bail
to the appellant.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellants bear clean
Patna High Court CR. APP (SJ) No.2456 of 2025(4) dt.25-02-2026
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antecedent coupled with the fact that there is no injury report
available on record to substantiate the said allegation and the
allegation does not appear to be within public view, let the
above named appellants in the event of their arrest/surrender
within a period of six 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 the learned A.D.J.-
1st-cum-Spl Judge (SC/ST N.D.P.S. and Children Act),
Aurangabad, in connection with Haspura P.S. Case No. 76 of
2025, subject to the conditions laid down under Section 482(2)
of the B.N.S.S/Section 438(2) of the Cr.P.C.
7. Accordingly, this appeal is allowed and the
impugned order dated 29.05.2025 rejecting the prayer for grant
of anticipatory bail to the appellants is, hereby, set aside.
(Praveen Kumar, J)
Jyoti/-
U T
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