Patna High Court
Gaurav KumarversusThe State of Bihar through the Special P.P. SC and ST Act
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
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
Patna High Court CR. APP (SJ) No.3045 of 2025(3) dt.23-02-2026
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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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