Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the order refusing anticipatory bail and allowed the appeal, granting anticipatory bail subject to conditions.
Summary
The appellants, four brothers from Mahamdpur, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting a man and his nephew and snatching a chain, with the complainant alleging caste-based abuse. They applied for anticipatory bail, but the Special Judge refused the prayer on 16‑04‑2025 and 29‑05‑2025. The appellants contended they have clean antecedents, the allegations are vague and omnibus, and they were falsely implicated, also noting that one of them had filed a related case. The State, represented by the Special Public Prosecutor, opposed the appeal. The Patna High Court, hearing the appeal under Section 14‑A(2) of the SC/ST Act, set aside the lower court’s order and granted anticipatory bail subject to a bail bond of Rs.5,000 and two sureties, invoking its inherent powers under Section 482(2) of the CrPC. The appeal was allowed.
Issues considered
- Whether the refusal of anticipatory bail under the SC/ST Act is justified in view of the alleged vague and omnibus nature of the accusations.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant anticipatory bail in a case involving offences under the SC/ST Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 110, 115(2), 118(1), 126(2), 14-A(2), 190, 191(2), 191(3), 2023, 3(1), 3(1)(r), 3(1)(s), 351(2), 352 BNS
Subjects
- anticipatory bail
- SC/ST Act
- caste based assault
- Section 14-A
- Section 482
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2491 of 2025
Arising Out of PS. Case No.-103 Year-2025 Thana- DHANARUA District- Patna
======================================================
1. Alok Kumar S/O Upendra Kumar Verma R/O Vill.- Mahamdpur, P.s.-
Dhanarua, Dist.- Patna.
2. Anish Kumar S/O Ravindra Verma R/O Vill.- Mahamdpur, P.s.- Dhanarua,
Dist.- Patna.
3. Nitish Kumar @ Nishant Kumar S/O Ravindra Verma R/O Vill.-
Mahamdpur, P.s.- Dhanarua, Dist.- Patna.
4. Ankit Kumar S/O Upendra Kumar Verma R/O Vill.- Mahamdpur, P.s.-
Dhanarua, Dist.- Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Dipika Kumari W/O Rajesh Kumar R/O Mahmadpur, Pabhera, P.s.-
Dhanarua, Dist.- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Barun Prasad
For the Respondent/s : Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 30-04-2026 1. Heard learned counsel for the appellants, learned
Special P.P. Ms. Usha Kumari No.I for the State. No one appears
on behalf of the respondent no.2.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 16.04.2025 and 29.05.2025 in A.B.P. No. 1027/2025
and ABP No.1852/2025, arising out of Dhanarua P.S. Case
Patna High Court CR. APP (SJ) No.2491 of 2025(5) dt.30-04-2026
2/3
No.103/2025 passed by the learned Special Judge, SC/ST Patna
registered under Sections 191(2), 191(3), 190, 115(2), 126(2),
110, 118(1), 351(2), 352 BNS, 2023 and Sections 3 (1), 3(1)(r)
and 3(1)(s) of the SC/ST Act.
3. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and the informant
alleges that her husband was going to attend nature’s call when
he was intercepted by the accused persons including the
appellants, who abused him by taking caste name and even
assaulted by bricks causing injury on head and when her
nephew came to save him, accused persons also assaulted her
nephew causing injury on head and snatched chain of the
informant.
4. Learned counsel submits that appellants have been
falsely implicated in the instant case by the informant. It is next
submitted that allegation of abuse and assault is general and
omnibus in nature i.e. no specific allegation of abuse and assault
is alleged against the appellants. It is further submitted that fro
side of the appellants Dhanarua P.S. Case No.102/2025 has been
instituted by the appellant no.1 herein. It is also submitted that
appellants are preparing for competitive examinations. It is
further submitted that SC/ST Act is a stringent Act and the
Patna High Court CR. APP (SJ) No.2491 of 2025(5) dt.30-04-2026
3/3
nature of allegation is general and omnibus in nature, whether it
would be prudent for the court to send the appellants to jail.
5. Learned Special Public Prosecutor opposes the
appeal.
6. Considering the submissions, the order impugned is
set aside. Let the appellants, above named, in the event of their
arrest or surrender within a period of six weeks from the date of
receipt of the order, be released on anticipatory bail on
furnishing bail bond of Rs.5,000/- (rupees five thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending in connection
with the aforesaid case, subject to the conditions as laid down
under Section 482(2) of the BNSS.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
amit/-
U T
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