Patna High Court
Pramod ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting the appellants anticipatory bail.
Summary
The Special Judge had rejected the appellants' anticipatory bail application in a case arising from an alleged assault and caste-based abuse under the SC/ST (Prevention of Atrocities) Act and several IPC offences. The appellants contended that the FIR was filed maliciously because the informant had previously teased their niece, and that no serious injury occurred and the caste slur was not uttered in full public view. The High Court examined these contentions, noting the dispute between co‑villagers, the absence of serious injury, and the limited public exposure of the alleged caste insult. Accordingly, the Court found that the circumstances did not warrant denial of anticipatory bail. The appeal was allowed, the order of the Special Judge was set aside, and the appellants were directed to obtain bail on furnishing a bond with sureties, subject to CrPC Section 438(2).
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act.
- Whether the alleged conduct constitutes an offence punishable under the SC/ST Act and the IPC.
- Whether the FIR was filed maliciously and the caste name was taken in full public view.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 148, 323, 341, 354, 504, 506
Subjects
- anticipatory bail
- SC/ST Act
- atrocity
- caste-based violence
- criminal procedure
- false FIR
- malicious prosecution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2973 of 2024
Arising Out of PS. Case No.-15 Year-2024 Thana- SC/ST District- Aurangabad
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1. Pramod Thakur S/o Tulsi Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. -
Aurangabad
2. Kamlesh Thakur S/o Tulsi Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. -
Aurangabad
3. Munna Thakur S/o Arjun Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. -
Aurangabad
4. Naveen Thakur S/o Pramod Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. -
Aurangabad
5. Ranjeet Thakur S/o Late Krishna Thakur R/o vill - Ghutiya, P.S. - Mali,
Distt. - Aurangabad
6. Arjun Thakur S/o Bhola Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. -
Aurangabad
7. Deepak Kumar @ Deepak Thakur S/o Anil Thakur R/o vill - Khadha, P.S. -
N.T.P.C. Khara, Distt. - Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Rahul Kumar S/o Late Vidyasagar Paswan R/o vill - Ghutiya, P.S. - Mali,
Distt. - Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ratneshwar Prasad, Advocate
For the Respondent/s : Mr. Binay Krishna, Sp.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 23-02-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. An order, dated 04.06.2024, passed by learned
Special Judge, SC/ST (POA) Act-cum-1st Additional District &
Sessions Judge, Aurangabad, in ABP No. 1080 of 2024, is under
challenge in the present appeal preferred under Section 14-A (2)
Patna High Court CR. APP (SJ) No.2973 of 2024(5) dt.23-02-2026
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of the Schedule Caste and Schedule Tribes (Prevention of
Atrocities) Act, 1989, whereby the anticipatory bail application
of the appellant in connection with Aurangabad SC/ST Police
Station Case No. 15 of 2024 registered for the offence
punishable under Sections 147, 148, 323, 341, 354, 504, 506 of
the Indian Penal Code and Section 3(i) (g) (s) (w), 3(2) (va) of
the Schedule Caste/Schedule Tribe (Prevention of Atrocities)
Act, has been rejected.
3. As per the prosecution case, on 25.05.2024 in the
morning, when the informant was going to attend nature’s call,
the accused persons named in the FIR allegedly started
quarreling with him. With the intervention of villagers, the said
quarrel was resolved at that time. Subsequently, at about 09:30
AM on the same day, all the appellants arrived at the house of
the informant armed with lathi and danda, and started abusing.
When the sister-in-law (Bhabhi) of the informant intervened, the
appellants misbehaved with her and pushed her to the ground
and they also assaulted the family members of the informant and
abused them by taking their caste name. It is further alleged that
even after the arrival and intervention of villagers, the accused
persons continued to abuse the informant and his family
members by taking their caste name.
Patna High Court CR. APP (SJ) No.2973 of 2024(5) dt.23-02-2026
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4. Learned counsel for the appellants submits that the
appellants have falsely been implicated in this case due to the
fact that the informant, Rahul Kumar, used to tease the niece of
appellant nos. 1 and 2. When the appellants objected to such
conduct and protested against the behaviour of the informant,
the present FIR has been lodged maliciously with intention to
harass the appellants and to teach them a lesson. Subsequently,
the niece of appellant nos. 1 and 2, lodged an FIR, bearing Mali
P.S. Case No. 99 of 2024, against the informant. There is no
serious injury caused to the victims, and the caste name has not
been taken on the full public view.
5. Having regard to the submissions made on behalf
of the parties and taking into consideration the fact that both the
parties are co-villagers, there was scuffle between them on a
certain issue; the caste name was not taken in full public view,
and no serious injury caused to the side of the informant, I am
inclined to grant the appellant privilege of anticipatory bail.
6. This appeal is, accordingly, allowed and the order,
dated 04.06.2024, passed by learned Special Judge, SC/ST
(POA) Act-cum-1st Additional District & Sessions Judge,
Aurangabad, in ABP No. 1080 of 2024, is set aside.
7. Let the appellants, above named, in the event of
Patna High Court CR. APP (SJ) No.2973 of 2024(5) dt.23-02-2026
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their arrest or surrender before the Court below within four
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 learned Special Judge, SC/ST
(POA) Act-cum-1st Additional District & Sessions Judge,
Aurangabad in connection with Aurangabad SC/ST Police
Station Case No. 15 of 2024, subject to the condition laid down
under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
Siwani/-
U T
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