Patna High Court
Ganesh Prasad Vishwakarma @ Ganesh Vishakerma @ Ganesh Prasad VishwakermaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the trial court’s refusal and granted anticipatory bail to the appellant.
Summary
Ganesh Prasad Vishwakarma, a 70‑year‑old senior citizen with a clean record, was implicated in a case where the informant, Minakshi Devi, alleged that he and others assaulted her husband and used caste‑based abusive language during a Durga Puja crowd. The FIR charged the appellant under several provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sections of the Bihar Negotiable Instruments Act, 2023. The trial court refused anticipatory bail under Section 14‑A(2) of the SC/ST Act. On appeal, the High Court examined the credibility of the allegations, the appellant’s age and antecedents, and the statutory criteria for bail, concluding that the allegations did not sufficiently justify denial of bail. Consequently, the High Court set aside the trial court’s order and granted anticipatory bail with standard conditions, including a bail bond and sureties. The appeal was allowed.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 14‑A(2) of the SC/ST Act despite the serious allegations.
- Whether the allegations in the FIR sufficiently warrant denial of bail.
- Whether the appellant’s senior age and clean antecedent merit the grant of bail.
Legislation cited
- Bihar Negotiable Instruments Act, 2023 — s. 3(1)(r)(s), 3(2)(va)
- Criminal Procedure Code — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 115(2), 126(2), 303(2), 351, 352, 76
Subjects
- anticipatory bail
- SC/ST Act
- caste based assault
- senior citizen
- Section 14-A
- bail jurisprudence
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.28 of 2026
Arising Out of PS. Case No.-40 Year-2025 Thana- SC/ST District- Sheikhpura
======================================================
Ganesh Prasad Vishwakarma @ Ganesh Vishakerma @ Ganesh Prasad
Vishwakerma S/o- Sohrai Vishwkerma @ Sohrai Mistri R/v- Kamasi Bajar @
Kamisnari Bajar Ps District- Sheaikhpura
... ... Appellant/s
Versus
1. The State of Bihar
2. Minakshi Devi W/o- Vikas Paswan R/v- Kamisnari Bajar Ps Dist-
Sheikhpura
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amit Anand, Adv.
For the Respondent/s : Mr. Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 06-07-2026 1. Heard learned counsel for the appellant and learned
Spl. PP, Mr. Binay Krishna for the State and learned counsel
appearing on behalf of informant.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 15.12.2025 in A.B.P. No. 683 of 2025 passed by the
learned District and Additional Sessions Judge, 1st-cum Special
judge, S.C./S.T. (POA) Act, Sheikhpura in connection with
SC/ST P.S. Case No. 40 of 2025 registered for the offences
punishable under Sections 126(2), 115(2), 76, 303(2), 352, 351
Patna High Court CR. APP (SJ) No.28 of 2026(5) dt.06-07-2026
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and 3(5) of the BNS, 2023 as well as Sections 3(1)(r)(s) and
3(2)(va) of the SC/ST Act.
3. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and is a senior
citizen aged about 70 years and the informant alleges that she
along with her husband on 03.10.2025 at 11:30 PM, had gone to
see Durga Puja, her husband parked the motorcycle on side of
the road due to crowd, further appellant and Deepak came and
inquired about the motorcycle, on which her husband said that
he will move the vehicle later as there was crowd ahead, on
which appellant abused him by taking caste name and started
assaulting him, after 5-10 minutes, 8-10 accused came and she
identified Prem, Rahul, Rohit and Chandan who also assaulted
her husband and appellant acted inappropriately with her and
accused persons snatched their chain.
4. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that the
allegations do not inspire confidence for the reason that it does
not appear probable that where such a large crowd had gathered,
the appellant along with other accused would have assaulted her
Patna High Court CR. APP (SJ) No.28 of 2026(5) dt.06-07-2026
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husband. It is also submitted that though there is allegation of
assaulting the husband of the informant but then he did not
suffer any injury nor the order impugned records about any
injury. It is next submitted that even allegation of abuse is
ornamental, it is further submitted that appellant is senior citizen
aged about 70 years and has remained a person with clean
antecedent all throughout and all of a sudden has been made a
criminal with general and omnibus allegations.
5. Learned Special P.P. for the State and the learned
counsel appearing on behalf of the informant opposes the
appeal, on query of the Court from the learned counsel on behalf
of the informant that as to whether any injury was suffered by
the husband of the informant on which no reply came forth.
6. After hearing the learned counsel for the parties
and taking into consideration the submissions made by the
learned counsel for the appellant, the order dated 15.12.2025 in
A.B.P. No. 683 of 2025, is hereby set aside and the appellant
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/successor
Patna High Court CR. APP (SJ) No.28 of 2026(5) dt.06-07-2026
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court in connection with Sheikhpura SC/ST P.S. Case No. 40 of
2025 subject to the conditions as laid down under Section 482
(2) of the BNSS.
7. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
rajesh/-
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