Patna High Court
Goutam KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court granted anticipatory bail to Goutam Kumar but refused bail to Bittu Kumar, thereby disposing of the appeal.
Summary
The appellants Goutam Kumar and Bittu Kumar appealed under Section 14A(2) of the SC/ST Act against the refusal of anticipatory bail by the Exclusive Special Judge. The FIR alleged that they were part of a mob that assaulted the informant's daughter and later the informant, using caste-based insults during a religious procession. The court examined whether the allegations fell within the ambit of the SC/ST Act and whether the appellants could be individually implicated. It found that Goutam Kumar, a 19‑year‑old with no prior record, was only generically accused and thus entitled to anticipatory bail subject to conditions. In contrast, Bittu Kumar, facing multiple pending cases and more serious allegations, was denied bail. The appeal was consequently disposed of.
Issues considered
- Whether the allegations in the FIR attract the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail can be granted to the accused under Section 14A(2) of the SC/ST Act and Section 438 Cr.P.C. in view of the facts.
- Whether the specific participation of each accused can be established for granting bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 303(2), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 109, 115(2), 118(1), 126(2), 127(2), 14A(2), 190, 191(2), 191(3), 3(1)(r)(s), 74
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- Section 14A
- Criminal Procedure Code
- bail conditions
- public order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3277 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- Kadirganj P.S. District- Nawada
======================================================
1. Goutam Kumar S/o Sudhir Singh Resident of Village- Poura, P.S.-
Kadirganj, Dist.- Nawada
2. Bittu Kumar @ Randhir Kumar S/o Sanjay Singh Resident of Village-
Poura, P.S.- Kadirganj, Dist.- Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Dinesh Chaudhary, son of Somar Chaudhary R/V- Poura, P.S.- Kadirganj,
Dist- Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Amit Ranjan, Advocate.
For the State : Mrs.Usha Kumari 1, Spl. PP.
For the Informant : Mr. Saurav Barial, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 24-02-2026 Heard learned counsel appearing on behalf of the
appellants, learned Special Public Prosecutor for the State and
learned counsel for the informant.
2. This is an appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter in short referred to as the
SC/ST Act), against the refusal of prayer of anticipatory bail
vide order dated 01.07.2025 passed by learned Exclusive
Special Judge, SC/ST Act, Nawada in connection with
Kadirganj P.S. Case No. 39 of 2025 registered under Sections
191(2), 191(3), 190, 126(2), 127(2), 115(2), 118(1), 109, 74,
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303(2) of the B.N.S. and Section 3(1)(r)(s) of the SC/ST Act.
3. As per the allegation made in the F.I.R., the
appellants along with other accused persons intercepted the
daughter of the informant and also assaulted her and thereafter,
when the informant along with his other family members went
there, the accused persons including the appellants assaulted the
informant causing injuries and also abused him taking his caste
name.
4. Learned counsel appearing on behalf of the
appellants submitted that the allegation alleged against the
appellants is general and omnibus. The F.I.R. don’t disclose that
the place of occurrence was in public view, therefore, the
allegations under SC/ST Act are not attracted. The injuries
caused to the informant and others are all simple in nature. In
respect of grievous injury sustained by one Saurav Kumar, in
absence of any specific allegation against any accused person,
petitioners cannot be held responsible for it. The F.I.R. discloses
that the occurrence had taken place in the process of idol
immersion during Sarawasati Puja.
5. Learned Spl. PP for the State opposed the grant
of anticipatory bail on the basis of allegation made in the first
information report and also the injuries caused.
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6. Heard the parties.
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., so far as appellant no.1 Goutam Kumar is
concerned, he is aged about 19 years and he has no criminal
antecedent, general and omnibus allegation has been alleged
against him that he was the member of the mob and he was not
indulged in the alleged incidence, in absence of any information
against the appellant no.1 that he is the one who had used
offensive language in the caste name of the informant, I find,
prima facie, that the appellant no.1 has made out a case to be
released on pre-arrest bail.
8. The appellant no.1 Goutam Kumar, in the event
of his arrest or surrender before the learned Court below within
a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, SC/ST Act, Nawada in
connection with Kadirganj P.S. Case No. 39 of 2025, subject to
the condition as laid down under Section 438(2) of the Cr.P.C /
482(2) of the BNSS.
9. So far as appellant no.2 Bittu Kumar is
Patna High Court CR. APP (SJ) No.3277 of 2025(3) dt.24-02-2026
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concerned, considering the nature of allegation and number of
criminal cases pending against him, I am not inclined to enlarge
the appellant no.2 on pre-arrest bail.
10. Accordingly, the present criminal appeal stands
disposed of.
(Purnendu Singh, J)
mantreshwar/-
U
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