Patna High Court
Chhotelal SawversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and directed that bail be granted to the appellants.
Summary
The appellants, Chhotelal and Vijay, were charged under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant, abusing him with caste slurs, and snatching his wife's mangalsutra. They applied for anticipatory bail, which was denied by the trial court. The appellants contended that there was no injury report and no specific allegation of caste abuse, asserting their innocence and clean antecedents. The Special Public Prosecutor opposed bail. The Patna High Court examined the evidentiary record, found the allegations insufficient to sustain the charges, and set aside the order rejecting anticipatory bail. The court directed that the appellants be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, within eight weeks of the order.
Issues considered
- Whether the trial court erred in rejecting the appellants' application for anticipatory bail.
- Whether the prosecution has established sufficient evidence of assault and caste-based abuse to sustain charges under the SC/ST (Prevention of Atrocities) Act.
- Whether the absence of an injury report defeats the charge of assault.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)(a), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- caste discrimination
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2616 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- SC/ST District- Lakhisarai
======================================================
1 . Chhotelal Saw S/o- Genauri Saw Resident of Village- Bartara P.S- Halsi
District- Lakhisarai
2. Vijay Saw S/o- Genauri Saw Resident of Village- Bartara P.S- Halsi District-
Lakhisarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Prince Raj S/o- Nand Lal Chaudhary Resident of Village- Bartara P.S- Halsi
District- Lakhisarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjeev Kumar , Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-01-2026 Heard learned counsel for the parties. Despite
filing vakalatnama , nobody appears on behalf of respondent
No. 2.
2. This appeal has been filed for setting aside order
dated 15.05.2025 passed in a case registered for the offence
punishable under sections 126 ( 2 ), 115, 74, 303 ( 2 ), 351 ( 2 )
and 3 (5) of BNS and sections 3(i)(r)(s), 3(2)(v)(a) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of the
appellant has been rejected.
3. As per F.I.R. informant alleged that on 20.02.2025,
Patna High Court CR. APP (SJ) No.2616 of 2025(3) dt.22-01-2026
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the accused persons including these appellants surrounded
informant and his family members and started abusing and
assaulting them. It is further alleged that appellant No. 3
assaulted informant by means of hasua and snatched
Mangalsutra from his wife . Later on , all the accused persons
abused them with caste name and fled away from spot.
4. It is submitted that appellants are innocent and
have committed no offence as alleged. Though there is
allegation that these appellants along with other co-accused
persons, assaulted informant but there is no injury report on
record to substantiate the allegation of assault. It is further
submitted that there is no allegation that these appellants abused
the informant by caste name and as such, no case under SC/ST
Act is made out. Appellants claim clean antecedent.
5 . Learned special Public Prosecutor for the State
opposed the bail.
6. Considering the aforesaid facts, this appeal is
allowed and the impugned order is set aside. Let the appellants,
named above, in the event of arrest/surrender within a period of
eight weeks from the date of receipt/production of a copy of this
order, be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like
Patna High Court CR. APP (SJ) No.2616 of 2025(3) dt.22-01-2026
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amount each to the satisfaction of the learned District and
Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act,
Lakhisarai in connection with Lakhisarai SC/ST Police Station
Case No. 06 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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