Patna High Court
Bullu Yadav @ Bullu PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the appellants are entitled to anticipatory bail as the allegations are general and not specifically linked to a Scheduled Caste or Tribe atrocity.
Summary
The appellants, a group of villagers, were charged under Sections 191(2), 115(2) and 126(2) of the Bihar Negotiable Sale Act and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly demolishing a temple wall and assaulting an informant on 10 February 2025. They filed an appeal under Section 14‑A(2) of the SC/ST Act against the Special Judge’s refusal to grant anticipatory bail. The counsel for the appellants argued that the FIR contains a generic assault allegation, lacks an injury report, and does not specify any caste motive, rendering the charge under the SC/ST Act untenable. The Special Public Prosecutor could not refute this characterization. The High Court held that, given the absence of a specific caste‑based allegation, the appellants were entitled to anticipatory bail, subject to standard conditions, and set aside the lower court’s order, allowing the appeal.
Issues considered
- Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act when the FIR alleges a generic assault without a caste motive.
- Whether the FIR discloses a cognizable offence under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act.
- Whether the lack of an injury report and specific caste‑based allegation defeats the bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste atrocity
- assault
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3280 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- KADIRGANJ District- Patna
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1. Bullu Yadav @ Bullu Prasad S/O Shivlal Prasad R/O Village - Lodipur, P.O.
- Dewan, P.S.- Kadirganj, Patna, Bihar.
2. Kamlesh Prasad S/O Shivlal Prasad R/O Village - Lodipur, P.O. - Dewan,
P.S.- Kadirganj, Patna, Bihar.
3. Shivam Kumar @ Sippu S/O Kamlesh Prasad R/O Village - Lodipur, P.O. -
Dewan, P.S.- Kadirganj, Patna, Bihar.
4. Golu Kumar S/O Kamlesh Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.-
Kadirganj, Patna, Bihar.
5. Dipu Kumar S/O Sanjeet Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.-
Kadirganj, Patna, Bihar.
6. Abhishek Kumar @ Karu Prasad S/O Sanjeet Prasad R/O Village - Lodipur,
P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar.
7. Lal Bahadur Prasad S/O Late Siya Sharan Prasad R/O Village - Lodipur,
P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar.
8. Shivlal Prasad S/O Late Siya Sharan Prasad R/O Village - Lodipur, P.O. -
Dewan, P.S.- Kadirganj, Patna, Bihar.
9. Bam Prasad @ Bam Bahadur Prasad S/O Late Siya Sharan Prasad R/O
Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar.
10. Raushan Kumar S/O Bam Prasad @ Bam Bahadur Prasad R/O Village -
Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar.
11. Dhiraj Kumar S/O Late Ravindra Prasad R/O Village - Lodipur, P.O. -
Dewan, P.S.- Kadirganj, Patna, Bihar.
12. Ravi Kumar S/O Raju Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.-
Kadirganj, Patna, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Harihar Paswan S/O Late Jhunjhun Paswan R/O Village- Lodipur, P.O-
Dewan, P.S- Kadirganj, Dist.- Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mrityunjay Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 04-05-2026 1. Heard learned counsel for the appellants, learned
Patna High Court CR. APP (SJ) No.3280 of 2025(3) dt.04-05-2026
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Special Public Prosecutor for the State and learned counsel
appearing on behalf of the informant.
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 16.07.2025 in A.B.P. No. 2182 of 2025 passed by
the learned Exclusive Special Judge, SC/ST Act, Patna in
connection with Kadirganj P.S. Case No. 22 of 2025 registered
under Sections 191(2), 115(2) and 126(2) of the BNS as well as
Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.
3. Learned counsel appearing on behalf of the
appellants submits that appellants no. 1, 2, 7 and 8 have
antecedent of one case, appellant no. 9 has antecedent of two
cases and rest of the appellants are persons with clean
antecedent and the informant alleges that on 10.02.2025, at
about 03:00 p.m., the appellants were demolishing the wall of a
temple by khanti and when the informant objected, all the
accused started throwing bricks causing injury on the
informant’s leg and one Kamlesh Paswan also sustained injury.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
Patna High Court CR. APP (SJ) No.3280 of 2025(3) dt.04-05-2026
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informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
allegation of assault is general and omnibus in nature. It is next
submitted that even the injury report of the injured is not on
record and the informant does not allege that he was abused by
caste name or the occurrence took place on account of the fact
that he belongs to the SC/ST Community.
5. Learned Special Public Prosecutor for the State and
learned counsel appearing on behalf of the informant opposed
the prayer for anticipatory bail of the appellants but then are not
in a position to rebut the submissions of the learned counsel
appearing on behalf of the appellants that allegation of assault is
general and omnibus in nature.
6. Considering the submissions made by the learned
counsel appearing on behalf of the appellants, let the appellants,
above-named, in the event of their arrest or surrender within a
period of six weeks from the date of receipt of the order, be
released on anticipatory bail on furnishing bail bonds of
Rs.5,000/- (Rupees Five Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending in connection with the aforesaid
case, subject to the conditions as laid down under Section
Patna High Court CR. APP (SJ) No.3280 of 2025(3) dt.04-05-2026
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438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
Kundan/-
U T
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