Patna High Court
Srivatsa Sourav @ Srivatsa SauravversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 115(2), 126(2), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(e), 3(1)(r), 3(1)(s)
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
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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/-
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