Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2)
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/-
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