Patna High Court
Chhotu Tiwari @ Alok Tiwari @ Alok Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The appellant is entitled to pre‑arrest bail as the allegations do not prima facie establish an offence under the SC/ST Act against him.
Summary
The appellant, Chhotu Tiwari, aged 19, was charged under the SC/ST (Prevention of Atrocities) Act for assaulting an informant and allegedly using caste‑based slurs. The trial court denied his pre‑arrest bail, prompting an appeal under Section 14(A)(2) of the SC/ST Act. The prosecution alleged that the appellant, along with his father, assaulted the informant with a hockey stick, causing a simple injury, but there was no specific allegation that the appellant used any caste‑related abusive language. The High Court examined the FIR and found that the charge of caste‑based insult applied only to the father, not the appellant, and that the injury to the informant was simple. Consequently, the Court held that the appellant had a prima facie case for bail, set aside the lower court’s order, and directed his release on pre‑arrest bail subject to conditions under Section 438 CrPC and Section 482 BNSS.
Issues considered
- Whether the appellant can be granted pre‑arrest bail under the SC/ST Act when no specific allegation of caste‑based abuse is made against him.
- Whether the alleged assault by the appellant falls within the ambit of Sections 3(1)(r)(s)(w) and 3(2)(va) of the SC/ST Act.
- Whether the conditions of Section 438 CrPC/Section 482 BNSS justify granting bail in this case.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)(w), 3(2)(va)
Subjects
- pre‑arrest bail
- SC/ST Act
- caste based assault
- Section 14(A)(2) appeal
- minor accused
- bail under CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3036 of 2025
Arising Out of PS. Case No.-100 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Chhotu Tiwari @ Alok Tiwari @ Alok Kumar Tiwari S/o Ashutosh Tiwari @
Ashutosh Kumar Tiwari, Resident of Village- Shanti Nagar, (Chini Mill), PS-
Buxar (Town), Distt.- Buxar
... ... Appellant/s
Versus
1. The State of Bihar
2. Vidhyanchal Kumar S/o Dasrath Ram R/o Ahirauli P.O- Ahirauli, ward no.
38, P.S.- Buxar Industrial Area, Dist.- Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Tushar Anand, Advocate.
For the Respondent/s : Mr.Sadanand Paswan, Spl. PP.
For O.P. No.2 : Mr. Rajeev Ranjan, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 23-02-2026 Heard learned counsel appearing on behalf of the
appellant, learned Spl. PP for the State and learned counsel for
the informant.
2. The appellant has preferred the appeal under
Section 14(A)(2) of the SC/ST Act against the rejection of
prayer for pre-arrest bail vide order dated 24.05.2025 passed by
learned District and Additional Sessions Judge-I cum Special
Judge, SC/ST (P.O.A.) Act, Buxar in Buxar (I) P.S. Case No.
100 of 2025 registered under Sections 126(2), 117(2), 110,
115(2) and 3(5) of the BNS and Sections 3(1)(r)(s)(w) and 3(2)
(va) of the SC/ST Act.
3. The prosecution case, in brief, is based on the
Patna High Court CR. APP (SJ) No.3036 of 2025(4) dt.23-02-2026
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written complaint of the informant, Vidhyanchal Kumar, who is
a Safai Karamchari posted in Ward No. 38 under Nagar
Parishad, Ahirauli, P.S. Buxar, District Buxar, and a permanent
resident of village Buxar (Old Area). It is alleged that the
informant had availed 20 days’ leave in connection with his
marriage solemnized on 03.03.2025 and rejoined duty on
20.03.2025. After resuming work, he allegedly approached his
supervisor, Ashutosh Tiwari (father of the present appellant), for
payment of his pending wages, which was allegedly delayed.
On 23.04.2025 at about 6:30 PM, the informant claims to have
again met Ashutosh Tiwari at village Ahirauli and requested
payment, whereupon he was allegedly abused by caste-based
slurs and threatened by him. It is further alleged that later the
same evening, at about 7:30 PM, near Ahilya Mandir in village
Ahirauli, the informant was intercepted by Ashutosh Tiwari, his
son Chhotu Tiwari (the present appellant), and two unknown
persons, who were allegedly armed with lathi, hockey stick, and
a pistol. According to the prosecution, Ashutosh Tiwari
assaulted the informant on the head with the butt of a pistol
causing bleeding injury, while the present appellant allegedly
assaulted him with a hockey stick, resulting in fracture of the
left thumb. It is alleged that all the accused persons jointly
Patna High Court CR. APP (SJ) No.3036 of 2025(4) dt.23-02-2026
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assaulted the informant and left him on the spot presuming him
to be dead. The informant is stated to have regained
consciousness thereafter and was referred to Sadar Hospital,
Buxar, where he was undergoing treatment at the time of
lodging of the complaint.
4. Mr. Tushar Anand, learned counsel appearing on
behalf of the appellant submitted that the appellant is aged about
19 years and he is innocent. In want of any specific allegation
that he has used any abusive word in the name of the caste of
the informant, no case under Sections 3(1)(r)(s)(w) and 3(2)(va)
of the SC/ST Act is made out against the appellant. So far as the
allegation of assault is concerned, it is specific against the father
of the appellant that he by means of butt of pistol with an
intention to kill assaulted on the head of the informant causing
grievous injury. From perusal of the F.I.R. itself, it appears that
the allegation against the appellant is that of assaulting the
informant by means of hockey stick causing injury on his hand,
which as per the opinion of the doctor, is simple in nature. The
appellant has clean antecedent. On these grounds, learned
counsel seeks that the appellant be released on pre-arrest bail.
5. Per contra, Mr. Rajeev Ranjan, learned counsel
tendered his appearance on behalf of the informant and
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submitted that with a common intention to kill the informant,
the appellant along with his father had assaulted the informant
causing grievous injury and had also used abusive word taking
his caste name, the appellant don’t deserve to be released on
pre-arrest bail.
6. Learned Spl.PP for the State has also opposed the
prayer for grant of bail to the appellant.
7. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., I find that the allegation against the appellant is that
he had assaulted on the hand of the informant causing simple
injury as per the opinion of the doctor, there is no allegation of
using abusive word or taking name of the caste of the informant
against the appellant rather specific allegation is against his
father co-accused Ashutosh Kumar Tiwary, the incidence has
taken place for non-payment of wages to the informant by the
father of the appellant, I find that the appellant has, prima facie,
made out a case to be released on pre-arrest bail.
8. The appellant, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks,
on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
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sureties of the like amount each to the satisfaction of the learned
District Court where the case is pending in connection with
Buxar (I) P.S. Case No. 100 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C / 482 (2) of the
BNSS.
9. Accordingly, the impugned order is set aside and
appeal is allowed.
(Purnendu Singh, J)
mantreshwar/-
U T
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