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Patna High Court

Srivatsa Sourav @ Srivatsa SauravversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the refusal of anticipatory bail and granted it to the appellant subject to bond and surety conditions.

Summary

The appellant, Srivatsa Sourav, a senior branch manager of Bank of Baroda, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Bihar Negotiable Securities Act for allegedly assaulting an informant and his friend. The trial court refused anticipatory bail, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The appellant argued he had a clean record, the complaint was false, and the alleged assault could not have been committed by him alone. The Special Public Prosecutor opposed the bail. The Patna High Court, considering the appellant's position and the lack of convincing evidence, granted anticipatory bail subject to bond and surety conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., setting aside the lower court’s order.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case filed under the SC/ST Act.
  • Whether the allegations against the appellant constitute a false implication warranting bail.
  • Applicability of Section 14‑A(2) of the SC/ST Act in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • assault
  • criminal procedure
  • Section 14-A
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2928 of 2025
                  Arising Out of PS. Case No.-124 Year-2025 Thana- THAKURGANJ District- Kishanganj
                 ======================================================
                 Srivatsa Sourav @ Srivatsa Saurav Son of Sri Satya Narayan Singh Resident
                 of High School Path, New Market, PS and Dist- Katihar and Presently
                 working as Senior Branch Manager, Bank of Baroda, Thakurganj Branch,
                 Kishanganj

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar bihar
           2.    Atul Kumar son of Kaishav Prasad Resident of Bhim Balish Chowk,
                 Thakurganj, Ward no. 4, PS - Thakurganj, Dist- Kishanganj

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Sanjeev Shankar, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl.P.P.
                                                 Mr. Sushmita Sekhar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   13-05-2026                 1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. No one appears on behalf of the informant.

                               3. 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 23.06.2025 passed by the learned 1st Additional

                   Sessions Judge-cum-Special Judge, Kishanganj in connection

                   with Thakurganj P.S. Case No. 124 of 2025 registered under

                   Sections 126(2), 115(2), 352, 351(2) of the BNS as well as
Patna High Court CR. APP (SJ) No.2928 of 2025(4) dt.13-05-2026
                                             2/3




          Sections 3(1)(r), 3(1)(e) and 3(1)(s) of the SC/ST Act.

                       4. Learned counsel appearing on behalf of the

          appellant submits that appellant is a person with clean

          antecedent and the informant alleges that appellant without

          notice closed his CSP on 29.11.2024 and on 04.06.2025 he was

          intercepted by the appellant near Jilebiya crossing and the

          appellant caught his collar and abused by taking caste name and

          when the informant’s friend, whom he was going to drop home,

          intervened, appellant assaulted both of them.

                       5. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is further submitted that appellant is the Branch

          Manager of Bank of Baroda and the CSP being run by the

          informant was under the appellant. It is next submitted that there

          were many complaints against the informant, as such, the CSP

          was closed, hence, the instant false case came to be instituted

          with a view to coerce the appellant into submission. It is also

          submitted that informant alleges that on the date of occurrence

          i.e. 04.06.2025 he was going to drop his friend when he was

          intercepted by the appellant but then name of the friend is not

          disclosed. It is further submitted that it does not appear probable

          that appellant alone could have assaulted the informant and his
           Patna High Court CR. APP (SJ) No.2928 of 2025(4) dt.13-05-2026
                                                        3/3




                     friend.

                                  6. Learned Special Public Prosecutor for the State

                     opposes the prayer for anticipatory bail of the appellant.

                                  7. Considering the submissions made by the learned

                     counsel appearing on behalf of the appellant and taking into

                     consideration the fact that appellant is the Branch Manager of

                     Bank of Baroda, let the appellant, above-named, in the event of

                     his arrest or surrender within a period of six weeks from the date

                     of receipt of the order, 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 in connection

                     with the aforesaid case, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  8. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.


                                                                            (Satyavrat Verma, J)

Kundan/-

U     T


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