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Patna High Court

Gaurav KumarversusThe State of Bihar through the Special P.P. SC and ST Act

Decided
Disposal
DISPOSED

Holding

The Court held that the FIR does not disclose that the offence was committed in public view, so Sections 3(1)(r) and 3(1)(s) of the SC/ST Act are not prima facie made out, and bail may be considered only after verification of the injury report.

Summary

Gaurav Kumar appealed to the Patna High Court against the Special Judge's refusal to grant pre‑arrest bail under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The FIR alleged that the accused assaulted the informant at Bhulan Bigha with an iron rod and insulted him by caste name, but it did not specify that the act occurred in public view. The Court held that, in the absence of a clear allegation that the offence was committed in public view, the provisions of Sections 3(1)(r) and 3(1)(s) of the SC/ST Act could not be said to be prima facie established. It also noted that no injury was recorded on the informant’s report, directing the district court to verify the injury report before deciding on bail. Consequently, the appeal was disposed of, with the district court directed to consider re‑arrest bail on a bond of Rs.10,000 if grievous injury is proved.

Issues considered

  • Whether the allegations in the FIR satisfy the requirement of a public view offence under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act.
  • Whether pre‑arrest bail can be granted in SC/ST offences when the prima facie case is not established.
  • Whether the absence of a documented injury affects the grant of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • SC/ST Act
  • public view offence
  • prima facie case
  • assault
  • injury report
  • Section 3(1)(r)
  • Section 3(1)(s)
  • Section 438 CrPC

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3045 of 2025
                       Arising Out of PS. Case No.-308 Year-2025 Thana- HISUWA District- Nawada
                 ======================================================
                 Gaurav Kumar S/o Jay Singh, R/o - Bari Bigha, P.S - Hisua, District -
                 Nawadah

                                                                                   ... ... Appellant/s
                                                   Versus
           1.    The State of Bihar through the Special P.P. SC and ST Act
           2.    Chhotu Kumar S/o Sri Chaudhary R/o Vill.- Hisua, Nala Par, P.S.- Hisua,
                 Dist.- Nawada.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Arun Kumar, Advocate.
                 For the Respondent/s    :        Mr.Binay Krishna, Spl.PP.
                 For O.P. No.2           :        Mr. Dhirendra Singh, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   23-02-2026                    Heard learned counsel appearing on behalf of the

                   appellant, learned counsel for the O.P. No.2 and learned Spl. PP

                   for the State.

                               2. The appellant has preferred the present appeal

                   under Section 14(A)(2) of the Scheduled Caste and Scheduled

                   Tribes (Prevention of Atrocities) Act against the rejection of

                   prayer for pre-arrest bail, vide order dated 27.06.2025 passed by

                   the learned Exclusive Special Judge, Special Court, SC&ST Act,

                   Nawada in connection with Hisua PS Case No.308 of 2025,

                   registered for the offences under Sections 126(2), 115(2),

                   117(2), 109(1), 352, 303(2) and 3(5) of BNS and Section 3(1)(r)

                   (s)(t) and 3(2)(v) of SC/ST Act.
Patna High Court CR. APP (SJ) No.3045 of 2025(3) dt.23-02-2026
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                       3. The prosecution case, in brief, is that the informant,

          Chhotu Kumar, gave his fardbeyan before the S.I. of Hisua

          Police Station alleging that on 25.05.2025 at about 3:00 P.M.,

          while he had gone with his family to a doctor for treatment, the

          accused persons, including the appellant, arrived there armed

          with an iron rod. They allegedly forcibly took him to Bhulan

          Bigha, abused him by taking his caste name, and assaulted him

          with the iron rod on various parts of his body, causing injuries to

          his head and other parts. On raising alarm, nearby people

          assembled, whereupon the accused persons fled from the spot. It

          is further alleged that the accused persons snatched his mobile

          phone and gold chain. The informant also stated that 2–3 days

          prior to the occurrence, the accused had knocked at his door,

          leading to a confrontation, and that the present incident was

          committed in retaliation thereof.

                       4. Learned counsel appearing on behalf of the

          appellant submitted that from perusal of the F.I.R., it is apparent

          that the informant has not disclosed the place where the incident

          took place. The informant has merely alleged that he was taken

          to Bhulan Bigha and in absence of any specific allegation that

          the appellant’s overt act was in public view, no allegation as

          alleged in the F.I.R. under SC/ST Act is made out. So far as the
Patna High Court CR. APP (SJ) No.3045 of 2025(3) dt.23-02-2026
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          allegation of assault is concerned, the same is also not

          substantiated by the injury report. On these grounds, the learned

          counsel submitted that the allegation being general and

          omnibus, the appellant seeks to be released on pre-arrest bail.

                       5. Per contra, Mr. Dhirendra Singh has tendered his

          appearance on behalf of the O.P. No.2 and he has submitted that

          the Apex Court recently in the case of Kiran Vs. Rajkumar

          Juvraj Jain & Anr. in Special Leave Petition (CRL.) No.8169

          of 2025, while emphasizing the operational ambit of Section 18

          of the SC/ST Act, held that allowing anticipatory bail by the

          High Court was unwarranted. On these grounds, the appellant

          don’t deserve to be released on pre-arrest bail and his case may

          be dismissed.

                       6. Learned Spl. P.P. submitted that in the recent

          judgment, the Apex Court while considering the scope of

          Section 18 of SC/ST Act has observed that only in the cases

          where offence can not be said to have been made out on a very

          prima facie consideration, the court may exercise discretion to

          grant pre-arrest bail to the accused.

                       7. To appreciate the rival submissions, it will be

          apposite to refer to the provisions of Sections 3(1)(r) and 3(1)(s)

          of SC/ST Act, which is inter alia as follows : -
Patna High Court CR. APP (SJ) No.3045 of 2025(3) dt.23-02-2026
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                        “3. Punishments for offences of atrocities.-
                                  (1) (r) Intentionally insults or intimidates
                        with intent to humiliate a member of a Scheduled
                        Caste or a Scheduled Tribe in any place within public
                        view;
                                  (s) abuses any member of a Scheduled
                        Caste or a Scheduled Tribe by caste name in any
                        place within public view.”

                       8. Having considered the rival submissions made on

          behalf of the parties, as well as, having given thoughtful

          consideration to the allegations made in the FIR, I find that the

          place of offence has not been discussed in the F.I.R., the

          information in respect of the place where the offence took place

          is Bhulan Bigha, prima facie in absence of any specific

          information regarding the place of occurrence, it cannot be said

          that the place where the incident has taken place is within the

          public view and the offences can come within the provisions of

          Section 3(1)(r) or Section 3(1)(s) of SC/ST Act.

                       9. So far as allegation of assault is concerned, in

          absence of any injury having found on the person of the

          informant, learned District Court is directed to verify from the

          injury report as to whether the injury sustained by the informant

          is simple or grievous in nature, upon verification of the injury

          report and the opinion of the doctor, if it is found that the

          appellant has sustained grievous injury on the vital part of the

          body, in that case, the appellant don’t deserve to be released on
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                     bail or otherwise the appellant, above named, be released on re-

                     arrest bail, in the even of his arrest or surrender before the

                     learned court below within a period of four weeks, on furnishing

                     bail bond of Rs.10,000/- (Ten Thousand) with two sureties of

                     the like amount each to the satisfaction of the learned District

                     Court where the case is pending in connection with                in

                     connection with Hisua PS Case No.308 of 2025, subject to the

                     conditions as laid down under Section 438(2) of the Cr.P.C/482

                     of the BNSS.

                                  10. Accordingly, the present criminal appeal stands

                     disposed of.



                                                                 (Purnendu Singh, J)
mantreshwar/-

U      T


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