Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted because the alleged caste‑based abuse was not made in public view and the dispute was a private irrigation matter.
Summary
The appellants appealed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act against a Special Judge's order rejecting their anticipatory bail. The prosecution alleged that a water‑dispute on 4 January 2025 led to the appellants assaulting the informant, his relatives and wife, using weapons and caste‑based abuse. The appellants contended that the allegations were part of a private dispute over irrigation, that the alleged abuse was not made in public view, and that they had no prior criminal record. The court observed that the matter was essentially a case‑and‑counter‑case arising from an irrigation issue and that the alleged caste insults were not publicly uttered, thereby not satisfying the public‑view requirement of the SC/ST Act. Consequently, the court set aside the order rejecting anticipatory bail and granted bail with a bond of Rs 10,000 and two sureties, subject to conditions under Sections 482(2) of the Bhartiya Nyay Sanhita and 438(2) of the Cr.P.C.
Issues considered
- The applicability of Section 14A(2) of the SC/ST (Prevention of Atrocities) Act to the alleged assault and caste‑based abuse.
- Whether the alleged caste insults were made in public view, a prerequisite for invoking the SC/ST Act.
- Whether anticipatory bail should be granted in view of the nature of the allegations and the parties' dispute.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3), 352, 482(2), 74
- Code of Criminal Procedure, 1973 — s. 438(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 violence
- public view requirement
- irrigation dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2477 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
1. Chandan Kumar S/O Satendra Singh R/O Vill.- Tal, P.O.- Sihadi, P.S.-
Haspur, Dist.- Aurangabad, Bihar
2. Vikash Kumar S/O Ramashish Singh R/O Vill.- Tal, P.O.- Sihadi, P.S.-
Haspur, Dist.- Aurangabad, Bihar
3. Gudiya Devi W/O Vijay Singh R/O Vill.- Tal, P.O.- Sihadi, P.S.- Haspur,
Dist.- Aurangabad, Bihar
4. Prakash Kumar S/O Ramashish Singh R/O Vill.- Tal, P.O.- Sihadi, P.S.-
Haspur, Dist.- Aurangabad, Bihar
5. Dhramshila Devi @ Ramshila Devi W/O Ramashish Singh R/O Vill.- Tal,
P.O.- Sihadi, P.S.- Haspur, Dist.- Aurangabad, Bihar
... ... Appellants
Versus
1. The State of Bihar
2. Binod Paswan S/O Madan Mohan Paswan R/O Vill.- Tal, P.O.- Sihadi, P.S.-
Haspur, Dist.- Aurangabad, Bihar
... ... Respondents
======================================================
Appearance :
For the Appellants : Mr. Uma Kant Mishra, Advocate
For the Respondent-State: Mr. Binay Krishna, Spl. PP
For the Respondent No.2 : Mr. Rahul Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 18-02-2026 Heard learned counsel for the appellants, learned
Special Public Prosecutor appearing for the State and learned
counsel for respondent No.2.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
18.03.2025 passed by learned Special Judge (SC/ST)-cum-1st
District and Additional Sessions Judge, Aurangabad, passed in
A.B.P. No. 519 of 2025, in connection with Haspura Case No.
Patna High Court CR. APP (SJ) No.2477 of 2025(3) dt.18-02-2026
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25 of 2025, registered under Sections 191(2), 191(3), 190,
126(2), 115(2), 117(2), 109(1), 74 and 352 of the Bhartiya Nyay
Sanhita, 2023, and Section 3(1)(r)(s), 3(2)(va) of the 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, the informant, Binod
Paswan, alleged that on 04.01.2025 at 08:30 AM, while he was
watering his field, the water flow was being disrupted, upon his
asking that why the flow of water is being cut, accused
Ramashish Singh started abusing and assaulting him. On
hearing hulla when his brother and nephews came to pacify the
matter, the appellants along with other accused persons started
assaulting them by spade, lathi, khati, rama (iron rod), gandasi
and bricks and stones with an intention to kill them and also
abused them by taking caste names, as a result of the assault the
brother, son, nephew and daughters sustained injuries. It is also
alleged the the accused persons also molested the wife of the
informant.
4. It has been submitted on behalf of the appellants
that there is general and omnibus allegation against the
appellants and for a trivial dispute, case and counter case were
Patna High Court CR. APP (SJ) No.2477 of 2025(3) dt.18-02-2026
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lodged between the parties and there is no allegation that the
alleged abuses with respect to attracting the provisions under
SC/ST Act was ever made in public view. Moreover, the
appellants No. 4 and 5 were made accused earlier in one case,
but it has been submitted that the case was lodged from the
prosecution side itself in which the appellants No. 4 and 5 are
on bail and the appellants No. 1 to 3 have got no criminal
antecedents. The alleged abuses also does not appear to be made
within public view.
5. Learned counsel for the respondent No.2 and the
learned Special Public Prosecutor for the State vehemently
opposed the prayer for grant of anticipatory bail to the
appellants and submitted that the appellants are committing
successive offences against the appellants as previously also
they had indulged in assault against the prosecution side for
which Haspura P.S. Case No. 130 of 2024 was registered against
the appellants. However, he could not controvert the
submissions advanced on behalf of the appellants that the
allegation of abuse does not appear to be made within the public
view.
6. Considering the fact that there is a case and
counter case between the parties and the dispute appears to be
Patna High Court CR. APP (SJ) No.2477 of 2025(3) dt.18-02-2026
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on account of irrigation issues and that the allegation of abuse
does not appear to be within the 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 learned learned Special Judge
(SC/ST)-cum-1st District and Additional Sessions Judge,
Aurangabad, in connection with Haspura Case No. 25 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 16.04.2025 rejecting the prayer for grant
of anticipatory bail to the appellants is set aside.
(Praveen Kumar, J)
Pawan/-
U T
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