Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and the appellants are granted anticipatory bail subject to conditions.
Summary
The appellants Nitish Kumar and Saurabh Kumar appealed against a Special Judge's order rejecting their anticipatory bail under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution alleged that on 22 February 2020 the accused assaulted the informant Dheeraj Kumar with a lathi and hockey stick and abused him using caste slurs. The appellants contended they had clean antecedents, no injury report existed, the alleged abuse was not in a public place, and a co‑accused in a similar case had already been granted anticipatory bail. The court, noting the clean antecedent and the precedent of the co‑accused, held that anticipatory bail should be granted subject to conditions under Sections 438 and 482 of the CrPC. Consequently, the appeal was allowed and the order rejecting bail was set aside, directing the appellants to be released on bail upon furnishing bond and sureties.
Issues considered
- Whether the allegations against the appellants constitute an offence under the SC/ST (Prevention of Atrocities) Act warranting denial of anticipatory bail.
- Whether the absence of an injury report and the fact that the alleged caste abuse did not occur in a public place affect the grant of anticipatory bail.
- Whether the precedent of granting anticipatory bail to a co‑accused in a similar case mandates the same relief for the present appellants.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 325, 341, 504, 506
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste-based assault
- clean antecedent
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2680 of 2024
Arising Out of PS. Case No.-7 Year-2020 Thana- SC/ST District-
Aurangabad
======================================================
1. Nitish Kumar S/o Anil Singh R/o vill - Asha Bigha, P.S. - Rafiganj, Distt. -
Aurangabad (Bihar)
2. Saurabh Kumar @ Saurabh Kumar Singh @ Saurav Kumar @ Saurav
Kumar Singh S/o Bablu Singh @ Vikash Kumar Singh R/o vill - Asha
Bigha, P.S. - Rafiganj, Distt. - Aurangabad (Bihar)
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Dheeraj Kumar S/o Rajaram Paswan R/o vill - Balwant Bigha, P.S. -
Rafiganj, Distt. - Aurangabad (Bihar)
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aman Vishal, Adv.
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 04-02-2026 Heard learned counsel for the appellants and
learned Special Public Prosecutor appearing for the State
and also learned counsel for the respondent No2.
2. This appeal under Section 14A(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order
dated 08.05.2024 passed by learned Special Judge,
Aurangabad in A.B.P. No. 799 of 2024 in connection with
Aurgangabad SC/ST P.S. Case No. 07 of 2020 registered
under Sections 341, 323, 325, 504 and 506 of the Indian
Patna High Court CR. APP (SJ) No.2680 of 2024(5) dt.04-02-2026
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Penal Code read with Section 3(1)(r), 3(1)(s), 3(2)(va) of
Schedule Caste and Schedule Tribe (Prevention of Atrocities)
Act, 1989, whereby the prayer for grant of anticipatory bail
of the appellants has been rejected.
3. As per the prosecution case, informant,
namely, Dheeraj Kumar alleged that on 22.02.2020 at around
1:00 P.M., while he was returning from St. Xavier’s High
School meantime, all the accused persons came there and
abused him by caste name and assaulted by means of lathi
and hockey stick and also threatened to kill him.
4. Learned counsel appearing for the appellants
submits that the appellants, who are of clean antecedent, are
innocent and have not committed any offence. He further
submits that it appears from the F.I.R. itself that there is
general and omnibus allegation against the accused persons
including these appellants. Although there is allegation of
assault in the F.I.R. against the appellants, but no injury
report is available on record to substantiate the allegation as
alleged in the F.I.R. As regards allegation of abuse with the
caste name attracting the rigours of SC & ST Act is
concerned, it is not committed in a public place nor any
person has been named to be present at the place of
Patna High Court CR. APP (SJ) No.2680 of 2024(5) dt.04-02-2026
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occurrence when the alleged offence of abuse was being
committed. He further submits that no case, as alleged in the
F.I.R, attracting rigours of SC & ST Act is made out against the
appellants. Moreover, the co-accused, namely, Ranjan Kumar,
has already been granted the benefit of anticipatory bail by a
co-ordinate Bench of this Court in Cr. Appeal (S.J.) No. 2649
of 2024 and the case of the appellants are similar to that of
the co-accused. Hence, the impugned order may be set aside
and the appellants may be granted the privilege of
anticipatory bail.
5. Learned Special Public Prosecutor as well as
learned counsel for the respondent No.2 have vehemently
opposed the prayer for grant of anticipatory bail to the
appellants and submitted that appellants are actively
involved in the present occurrence.
6. Considering the entire facts and
circumstances of the case and also the fact that the
appellants bear clean antecedent coupled with the fact that
the co-accused, having more or less similar allegation, has
already been granted the privilege of anticipatory bail by a
co-ordinate Bench of this Court, let the above named
appellants in the event of their arrest/surrender within a
Patna High Court CR. APP (SJ) No.2680 of 2024(5) dt.04-02-2026
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period of six weeks be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned
Special Judge (SC/ST) -cum-1st Additional District and
Sessions Judge, Aurangabad in connection with Aurangabad
SC/ST P.S. Case No. 07 of 2020 subject to the conditions laid
down under Section 482(2) of the B.N.S.S/Section 438(2) of
the Cr.P.C..
7. Accordingly, this appeal is allowed and the
impugned order dated 08.05.2024 rejecting the prayer for
grant of anticipatory bail to the appellants is, hereby, set
aside.
(Praveen Kumar, J)
brajesh/-
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