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Patna High Court

Bullu Yadav @ Bullu PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                             2/4




          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
                                             3/4




          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
                                                        4/4




                     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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