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Patna High Court

Dilip Kumar Modi @ Dilip Prasad GuptaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted subject to conditions.

Summary

The appellants, members of the Modi family, were charged under several IPC offences and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting Ranjit Rajak and his family with caste‑based slurs and theft on 12 May 2024. The trial court rejected their application for anticipatory bail, citing the seriousness of the offences. On appeal, the appellants argued that they have clean antecedents, the FIR was lodged two days after the incident without justification, and the alleged caste abuse did not occur in a public place, thus not attracting the rigours of the SC/ST Act. The High Court, considering the delay, clean record and the nature of the alleged abuse, granted anticipatory bail subject to conditions under Sections 438(2) CrPC and 482(2) of the BNSS, and set aside the trial court’s order. The appeal was allowed and the appellants were released on bail upon furnishing the required bond and sureties.

Issues considered

  • Whether anticipatory bail can be granted to the accused under Section 14A(2) of the SC/ST Act in view of the alleged caste‑based abuse.
  • Whether the alleged caste slurs were made in a public place, attracting the provisions of the SC/ST Act.
  • Whether the two‑day delay in lodging the FIR is a ground to deny bail.
  • Whether the clean antecedent of the appellants warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • assault
  • FIR delay
  • bail conditions
  • public place requirement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2513 of 2025
                      Arising Out of PS. Case No.-56 Year-2025 Thana- CHANAN District- Lakhisarai
                 ======================================================
           1.     Dilip Kumar Modi @ Dilip Prasad Gupta son of Kishori Modi @ Kishori
                  Prasad Gupta Resident of Village- Mananpur Bazar, P.S.- Chanan, District-
                  Lakhisarai
           2.    Guddu Kumar son of Dilip Kumar Modi @ Dilip Prasad Gupta Resident of
                 Village- Mananpur Bazar, P.S.- Chanan, District- Lakhisarai
           3.    Ravi Kumar Son of Dilip Kumar Modi @ Dilip Prasad Gupta Resident of
                 Village- Mananpur Bazar, P.S.- Chanan, District- Lakhisarai
           4.    Lucky Devi @ Lakhi Devi Wife of Dilip Kumar Modi @ Dilip Prasad Gupta
                 Resident of Village- Mananpur Bazar, P.S.- Chanan, District- Lakhisarai

                                                                                   ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Sumitra Devi Wife of Naresh Rajak Resident of Village- Mananpur Bazar,
                 Po- Mananpur, P.S.- Chanan, District- Lakhisarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s              :        Mr. Ramchandra Singh, Advocate
                 For the Respondent No. 2         :        Mr. Mrityunjay Kumar, Advocate
                                                           Ms. Rupa Sinha, Advocate
                                                           Ms. Vandna Rani, Advocate
                 For the State                    :        Mr. Sadanand Paswan, Spl PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   26-02-2026                   Heard learned counsel for the appellants, learned

                   counsel for the Respondent no. 2 and learned Special Public

                   Prosecutor appearing for the State.

                                   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

                   13.06.2025 passed by learned District and Additional Sessions

                   Judge-1st-cum-Special Judge, SC/ST, Lakhisarai, in A.B.P. No.
Patna High Court CR. APP (SJ) No.2513 of 2025(4) dt.26-02-2026
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          592 of 2025 in connection with Chanan P.S. Case No. 56 of

          2025, registered under Sections 126(2), 115(2), 352, 351(2)

          303(2), 3(5) and 74 of the B.N.S read with Sections 3(2)(va) of

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, was added, whereby the prayer for grant of

          anticipatory bail of the appellants has been rejected.

                          3. As per the prosecution case, on 12.05.2024 at

          about 12:00 P.M., Ranjit rajak (son of the informant) was

          transporting goods/items of Bunty Kumar Gupta on a cart.

          When he parked his cart in front of the shop of Dilip Kumar

          Modi (appellant no. 1) to unload the goods, appellant no. 1

          hurled caste-based slurs at him and Guddu Kumar (appellant no.

          2) pulled the neck of her son by gamcha with a view to kill him

          and Ravi Kumar (appellant no. 3) assaulted him by means of

          lathi and the gold locket worth Rs. 50,000/- was snatched by

          Lucky Devi (appellant no. 4) from his neck. When the

          informant, Sumitra Devi, came to rescue her son, then all the

          accused persons also assaulted her and tore her cloth and tried to

          outrage her modesty. Thereafter, when Ravi Kumar Rajak

          (nephew of the informant) intervened, then all accused persons

          also assaulted him and hurled caste-based slurs at him.

                          4. Learned counsel appearing for the appellants
Patna High Court CR. APP (SJ) No.2513 of 2025(4) dt.26-02-2026
                                             3/4




          submits that the appellants bear clean antecedent and are

          innocent. It is further submitted that there is a delay of two days

          in lodging the FIR without giving any plausible explanation for

          the same. It has also been submitted that the present case is the

          counterblast of Chanan P.S. Case No. 54 of 2025, which has

          been instituted by the appellant no. 4 (Lucky Devi) against the

          son of the informant. 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

          and learned counsel for the Respondent no. 2 have vehemently

          opposed the prayer for grant of anticipatory bail to the

          appellants.

                          6. Considering the entire facts and circumstances of

          the case and the fact that the appellants bear clean antecedent

          coupled with the fact that there is a delay of two days in lodging

          the present FIR and the allegation of abuse by caste name does

          not appear to be within public view, let the above named
              Patna High Court CR. APP (SJ) No.2513 of 2025(4) dt.26-02-2026
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                        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 District and

                        Additional Sessions Judge-1st-cum-Special Judge, SC/ST,

                        Lakhisarai, in connection with Chanan P.S. Case No. 56 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 13.06.2025 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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