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Patna High Court

Raj Kumar Thakur @ Raj Kumar SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the trial court’s refusal and granted anticipatory bail to the appellant subject to conditions.

Summary

The appellant, Raj Kumar Thakur, was charged under several provisions of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault and caste-based abuse. He applied for anticipatory bail, which was denied by the trial court. On appeal under Section 14‑A(2) of the SC/ST Act, the appellant argued that he has a clean record and that the allegations are vague and not made in public view, and that the second respondent, despite being served notice, chose not to appear. The State opposed the bail. The Patna High Court, considering the lack of specificity in the FIR and the appellant’s clean antecedents, granted anticipatory bail subject to a cash bond and sureties, invoking Section 482(2) of the Code of Criminal Procedure, and set aside the lower court’s order.

Issues considered

  • Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act in the present case.
  • Whether the allegations in the FIR are sufficiently specific to deny bail.
  • Whether the non‑appearance of the second respondent affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • non‑appearance of respondent
  • bail conditions
  • scheduled caste atrocities

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3127 of 2025
                          Arising Out of PS. Case No.-17 Year-2025 Thana- SC/ST District- Gaya
                 ======================================================
                 Raj Kumar Thakur @ Raj Kumar Sharma S/O Vasudev Sharma @ Baso
                 Thakur Resident of Village- Kanhaul, P.S. Bodh Gaya, District- Gaya

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar Patna
           2.    Mahesh Manjhi S/O Late Samali Manjhi Resident of Village- Kanhaul, P.S.
                 Bodh Gaya, District- Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Sanjay Kumar Sharma
                 For the Respondent/s    :        Ms.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   14-05-2026              1.     Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State, Ms. Usha Kumari No. 1.

                            2.     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 19-05-2025 in A.B.P. No. 121 of 2025 passed by the

                   learned Exclusive Judge S.C./S.T. (POA) Act, Gaya in

                   connection with SC/ST P.S. Case No. 17 of 2025. registered for

                   the offences punishable under Sections 126(2), 115(2), 74,

                   352(2), 351(2) and 3(5) of the BNS as well as Sections 3(1)(r)

                   (s)(w) and 3(2)(va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.3127 of 2025(4) dt.14-05-2026
                                             2/3




                    3.    Learned counsel appearing on behalf of the

          appellant submits that from perusal of the office report dated 12-

          5-2026, it would manifest that the same records that notice has

          been validly served on the respondent no. 2, but then respondent

          no. 2 despite receiving notice chooses not to appear and contest.

                    4.    Learned counsel for the appellant next submits that

          the appellant is a person with clean antecedent and the

          informant alleges that on 5-3-2025 at 4 pm, his daughter was

          coming home after cutting grass, when she was intercepted by

          appellant along with other named accused, who assaulted her on

          the pretext that she was coming through their field and even

          acted inappropriately and again came to the house and abused

          by taking caste name.

                    5.    Learned counsel for the appellant submits that the

          appellant has been falsely implicated in the instant case by the

          informant.       It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          allegation of abuse and assault is not specific. It is further

          submitted that even presuming what has been alleged is true

          without admitting then in the second part of the FIR, it is

          alleged that accused came to the house of the informant and

          abused by taking caste name, as such occurrence did not take
              Patna High Court CR. APP (SJ) No.3127 of 2025(4) dt.14-05-2026
                                                           3/3




                        place in public view. It is thus submitted that this perhaps

                        explains why respondent no. 2, despite receiving notice, chooses

                        not to appear and contest.

                                  6.    Learned Spl. P.P. for the State opposes the prayer

                        for anticipatory bail of the appellant.

                                  7.    Considering the aforesaid facts, let the appellant

                        above-named, in the event of his arrest or surrender within a

                        period of six weeks from today, 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/successor court

                        in connection with the aforesaid case, subject to the conditions

                        as laid down under Section 482 (2) of the BNSS.

                                  8.    Accordingly, the impugned order is set aside and

                        the appeal stands allowed.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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