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Patna High Court

NAGMANI PRASAD @ NANMNI PASADversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the appeal, set aside the order rejecting anticipatory bail, and granted bail to the appellant.

Summary

The appellant, Nagmani Prasad, was charged under several IPC sections and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant on 4 April 2021. He applied for anticipatory bail, which was rejected by the Special Judge on 3 July 2021. The appellant contended that the allegations were vague, that no specific overt act could be linked to him, and that the incident did not occur in public view, thus not attracting the SC/ST Act. The prosecution opposed bail, emphasizing the seriousness of the offences. The High Court, noting the nature of the accusation, the appellant’s clean antecedent, and the lack of concrete evidence tying him to the assault, ordered that bail be granted upon surrender within eight weeks with a bond of Rs 10,000 and two sureties. Consequently, the appeal was allowed and the lower court’s order was set aside for the appellant alone.

Issues considered

  • Whether the allegations against the appellant constitute an offence under the SC/ST (Prevention of Atrocities) Act, Section 3(1)(r)(s).
  • Whether anticipatory bail should be granted in view of the charges under IPC sections 341, 323, 325, 504, 506 and the SC/ST Act.
  • Whether the appellant’s clean antecedent and the nature of the accusation justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • assault
  • caste-based violence
  • bail jurisprudence
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.26 of 2022
                     Arising Out of PS. Case No.-82 Year-2021 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Nagmani Prasad @ Nanmni Pasad Son of Rajadev Prasad Resident of Village
                 - Kazi Dhamsar , P.S.- Janta Bazar, Distt.- Saran at Chapra.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Sudhan Ram Son of Lotan Ram Resident of Village - Kazi Dhamsar , P.S.-
                 Janta Bazar, Distt.- Saran at Chapra.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Krishna Kumar Yadav, Advocate
                 For the Respondent/s   :        Ms. Usha Kumari 1, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   02-07-2026                  Despite filing Vakalatnama, none appears on behalf

                   of the respondent no. 2.

                               2. Heard learned counsel for the appellant and the

                   State.

                               3. This appeal has been filed against the order dated

                   03.07.2021 passed by learned 1st Additional Sessions Judge cum

                   Special Judge SC/ST (POA) Act, Saran at Chapra in ABP No.

                   1189 of 2021 arising out of Janta Bazar P.S. Case No. 82 of

                   2021, registered under Sections 341, 323, 325, 504, 506/34 of

                   the Indian Penal Code and Section 3(1)(r)(s) of Scheduled

                   Castes and Scheduled Tribes (Prevention of Atrocities) Act,

                   whereby the prayer for anticipatory bail of appellant has been
Patna High Court CR. APP (SJ) No.26 of 2022(4) dt.02-07-2026
                                             2/3




          rejected.

                       4. As per prosecution case, on 4.04.2021 at about 7:30

          PM, when informant was returning to this house and reached

          behind the house of Chechar Gupta, this appellant along with

          other accused persons brutally assaulted him, abused by caste

          name and fled away.

                       5. Learned counsel for the appellant submits that

          appellant is innocent and has committed no offence. Allegation

          of assault is general and omnibus and there is no allegation of

          any specific overt act against him. It is not the case of informant

          that alleged incident occurred within public view and as such,

          no case under SC/ST Act is made out against the appellant.

          Appellant claims clean antecedent.

                       6. Learned Spl. Public Prosecutor for the State

          vehemently opposed the bail application.

                       7. Considering the nature of accusation and clean

          antecedent, let the appellant, as named above, in the event of his

          arrest/surrender within a period of eight weeks from today, be

          enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned 1st Additional Sessions Judge cum Special

          Judge SC/ST (POA) Act, Saran at Chapra in connection with
              Patna High Court CR. APP (SJ) No.26 of 2022(4) dt.02-07-2026
                                                           3/3




                        Janta Bazar P.S. Case No. 82 of 2021.

                                     8. Accordingly, this criminal appeal is allowed and

                        impugned order dated 03.07.2021 is set aside with respect to

                        this appellant only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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