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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             2/4




          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
                                             3/4




          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
                                                         4/4




                      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/-

U       T


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