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Patna High Court

Ashutosh PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed anticipatory bail, holding that no prima facie case under the SC/ST Act existed against the appellant and that bail could be granted subject to conditions.

Summary

The appellant, Ashutosh Pandey, was charged in a FIR alleging participation in a violent assault on a temple premises where the accused allegedly used caste-based slurs and attacked the informant, resulting in injury and theft of a gold locket. The prosecution alleged that Pandey was part of a gang of 10-20 persons who switched off the temple lights and assaulted the informant with sticks and weapons. Pandey contended that he was falsely implicated due to village rivalry, had no specific allegation of caste-based abuse against him, and possessed no criminal antecedent. The trial court refused anticipatory bail under Section 438 of the CrPC, prompting an appeal under Section 14(A)(2) of the Criminal Procedure Code. The High Court examined whether a prima facie case under the Scheduled Castes and Scheduled Tribes (SC/ST) Act existed and found that no specific allegation against Pandey under the Act was made, rendering the case merely general assault. Consequently, the Court set aside the lower court's order, granted anticipatory bail subject to bond and surety conditions, and allowed the appeal.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under Section 438 CrPC in view of the allegations.
  • Whether a prima facie case under the Scheduled Castes and Scheduled Tribes Act is made out against the appellant.
  • Whether the allegations in the FIR constitute sufficient ground to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste violence
  • assault
  • criminal procedure
  • bail
  • scheduled castes
  • scheduled tribes

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL APPEAL (SJ) No.262 of 2026
                          Arising Out of PS. Case No.-407 Year-2025 Thana- BIHIA District- Bhojpur
                 ======================================================
                 Ashutosh Pandey Son of Vinod Pandey @ Vinod Kumar Pandey R/o Village
                 Mishrauli Sandaur, P.S.- Bihiya, District - Bhojpur
                                                                     ... ... Appellant/s
                                                     Versus
           1.     The State of Bihar
           2.     Krishna Kumar Ram Son of Sri Sudarshan Ram Resident of village
                  Misrauli, Post - Sandau, P.S.- Bihiya, Dist.- Bhojpur.
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s       :        Mr. Kumar Goutam, Adv
                 For the Respondent/s      :        Mr. Binay Krishna, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER
3   16-04-2026                      Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State.

                                 2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for anticipatory bail by order dated

                   20.12.2025 passed by the learned Court of 1 st Additional

                   Sessions Judge cum Special Judge, SC/ST, Bhojpur at Ara in

                   connection with Bihiya P.S. Case No. 407 of 2025 registered

                   under Sections 191(2), 190, 126(2), 115(2), 109(1), 303(2),

                   351(2) & 352 of the Bharatiya Nyay Sanhita and Sections 3(1)

                   (r)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes

                   Act.

                                 3. The case of the prosecution, in short, as per the

                   informant is that on 02.11.2025 at about 08:15 PM, the

                   informant was standing near Kali Mandir. In the meantime,

                   Sanjeev Mishra, Ankit Mishra, Love Prasad, Monu Kumar,
Patna High Court CR. APP (SJ) No.262 of 2026(3) dt.16-04-2026
                                             2/3




          Ranjeet Mishra, Niranjan Mishra, Ashutosh Pandey and

          Lovekush Pandey along with 10-20 unknown persons had

          assembled there and had switched off the temple lights. Upon

          the informant's objection, accused Sanjeev Mishra abused him

          using caste based derogatory words, questioned his entry into

          the temple. Thereafter, the accused persons armed with sticks

          and weapons assaulted the informant with intent to kill, causing

          a head injury resulting unconsciousness. It is further alleged that

          during the occurrence, accused Ashutosh Pandey snatched the

          informant's gold locket. The informant was rescued by nearby

          persons.

                       4. Learned counsel for the appellant submits that the

          appellant is innocent and has not committed any offence. He

          further submits that he has falsely been implicated in this case

          due to village rivalry. He further submits that there is no specific

          allegation of assault has been made against the appellant and he

          has no criminal antecedent.

                       5. Learned Special Public Prosecutor for the State has

          vehemently opposed the prayer for bail of the appellant based

          upon the allegation made in the F.I.R.

                       6. From the reading of the allegations in the FIR, it is

          apparent that there is no allegation against the appellant of
              Patna High Court CR. APP (SJ) No.262 of 2026(3) dt.16-04-2026
                                                           3/3




                        having abused the informant on caste lines, therefore, prima

                        facie, case of SC/ST Act is not made out against the appellant.

                        The other allegations of assault are general and omnibus in

                        nature. The appellant seems to have been implicated as he was

                        alleged to be member of the gang.

                                     7. Considering all these above-mentioned aspects, let

                        the appellant, above named, in the event of his arrest to

                        surrender before the Court below within a period of thirty days

                        from the date of receipt of the order, be released on anticipatory

                        bail on furnishing each of them bail bond of Rs. 10,000/- (Ten

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

                        satisfaction of learned Court of 1st Additional Sessions Judge

                        cum Special Judge, SC/ST Act, Bhojpur at Ara in connection

                        with Bihiya P.S. Case No. 407 of 2025, subject to the conditions

                        as laid down under Section 438(2) of the Code of Criminal

                        Procedure.

                                     8. Accordingly, the impugned order is set aside and

                        this appeal stands allowed.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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