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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court partially allowed the appeal, granting anticipatory bail to appellants 1,2,4,6,7,8,9 while refusing it to appellants 3 and 5.

Summary

The appellants, nine individuals from Gyashpur village, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Bihar Penal Code for allegedly assaulting an informant during a Holi celebration. The informant claimed that the accused used caste slurs and physically attacked him and others with a pistol, rod, and lathi. The appellants contended that the FIR was vague, that they were falsely implicated, and that specific allegations of assault applied only to two of them (appellants 3 and 5). The High Court, hearing an appeal under Section 14‑A(2) of the SC/ST Act against the refusal of anticipatory bail, set aside the trial court’s order for seven of the accused, granting them anticipatory bail subject to conditions, but denied bail to appellants 3 and 5. Consequently, the appeal was partially allowed.

Issues considered

  • Whether the refusal of anticipatory bail under Section 14‑A(2) of the SC/ST Act is justified for all the accused.
  • Whether the FIR discloses specific participation of each accused, particularly appellants 3 and 5.
  • Whether the standards for granting anticipatory bail under Section 482(2) of the CrPC are met in this case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste violence
  • FIR ambiguity
  • Section 14-A
  • Criminal Procedure
  • partial relief

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2529 of 2025
                        Arising Out of PS. Case No.-220 Year-2025 Thana- MANER District- Patna
                 ======================================================
           1.     Deepak Kumar S/O Devendar Mahto @ Lalu R/o vill- Gyashpur, P.S.-
                  Maner, Distt.- Patna
           2.    Srikant Kumar @ Chandra Prakash S/O Birendar Mahto R/o vill- Gyashpur,
                 P.S.- Maner, Distt.- Patna
           3.    Prabhat Kumar @ Prabhat Uday S/O Birendar Mahto R/o vill- Gyashpur,
                 P.S.- Maner, Distt.- Patna
           4.    Devendar Mahto @ Devendar Kumar S/O Chandeshwar Mahto R/o vill-
                 Gyashpur, P.S.- Maner, Distt.- Patna
           5.    Prusottam Kumar S/O Kameshwar Mahto R/o vill- Gyashpur, P.S.- Maner,
                 Distt.- Patna
           6.    Kameshwar Mahto S/O Late Shiv Nandan Mahto R/o vill- Gyashpur, P.S.-
                 Maner, Distt.- Patna
           7.    Nageshwar Mahto S/O Late Shiv Nandan Mahto R/o vill- Gyashpur, P.S.-
                 Maner, Distt.- Patna
           8.    Bhuneshwar Mahto S/O Late Shiv Nandan Mahto R/o vill- Gyashpur, P.S.-
                 Maner, Distt.- Patna
           9.    Chandeshwar Mahto S/O Late Shiv Nandan Mahto R/o vill- Gyashpur, P.S.-
                 Maner, Distt.- Patna

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Kanhai Kumar S/O Late Moti Lal Ram R/O Gayashpur, Ps-Maner, Distt-
                 Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Amresh Kumar Sinha, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Special PP
                 For the Informant       :        Mr. Shambhu Sharan Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   30-06-2026                    1. Heard learned counsel for the appellants, learned

                   Special P.P. for the State and the learned counsel appearing on

                   behalf of the informant.

                                  2. This is an appeal under Section 14-A(2) of the
Patna High Court CR. APP (SJ) No.2529 of 2025(6) dt.30-06-2026
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          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 28.05.2025 in A.B.P. No. 2155 of 2025 passed by

          the learned Exclusive Special Judge S.C./S.T. (POA) Act, Patna

          Sadar in connection with Maner P.S. Case No. 220 of 2025

          registered for the offences punishable under Sections 191(2),

          190, 126(2), 115(2), 117(2), 109 and 352 of the BNS, 2023 as

          well as Section 3(2)(va) of the SC/ST Act.

                          3. Learned counsel for the appellants submits that

          appellants have antecedent of one case and the informant alleges

          that on 15.03.2025 at about 04:30 PM, he along with his friends

          were going to play Holi and when they reached near the house

          of Purushotam Mahto when 12 named accused persons

          including the appellants came and started abusing by taking

          caste name and thereafter Purushotam assaulted the informant

          by butt of pistol causing injury behind his left ear and Prabhat

          assaulted by rod causing injury on right hand and thereafter all

          the accused assaulted by lathi and rod.

                          4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the
Patna High Court CR. APP (SJ) No.2529 of 2025(6) dt.30-06-2026
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          allegation as alleged in the FIR, it would manifest that

          allegation of assault and abuse as far as appellants are

          concerned, the same is general and omnibus in nature except

          appellant nos. 3 and 5. It is also submitted that though allegation

          of abuse is alleged, but then the FIR does not disclose who

          abused the informant. It is also submitted that it does not appear

          probable that all accused in one go would have abused the

          informant.

                          5. Learned Special P.P. for the State as well as the

          learned counsel appearing on behalf of the informant opposes

          the appeal. The learned counsel appearing on behalf of the

          informant submits that fardbayan of the informant was recorded

          at PMCH, Patna and there is specific allegation against

          appellant nos. 3 and 5 of assaulting the informant causing injury

          behind left ear and on hand.

                          6. In view of the submissions made by the learned

          counsel for the appellants, the order dated 28.05.2025 in A.B.P.

          No. 2155 of 2025, is hereby set aside only with respect to

          appellant nos. 1, 2, 4, 6, 7, 8 and 9 and the appellants above-

          named, in the event of their arrest or surrender within a period

          of six weeks from today, be released on anticipatory bail on

          furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
            Patna High Court CR. APP (SJ) No.2529 of 2025(6) dt.30-06-2026
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                      each with two sureties of the like amount each to the satisfaction

                      of the learned Trial Court where the case is pending/successor

                      court in connection with Maner P.S. Case No. 220 of 2025

                      subject to the conditions as laid down under Section 482 (2) of

                      the BNSS.

                                   7. However, the Court is not inclined to extend the

                      privilege of anticipatory bail to the appellant nos. 3 and 5.

                                   8. Accordingly, the appeal stands partly allowed.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T


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