Patna High Court
Ashutosh PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nyay Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352
- Scheduled Castes and Scheduled Tribes Act — s. 3(1)(r)(s), 3(2)(v)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.