Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
The High Court set aside the order rejecting anticipatory bail and granted anticipatory bail to the appellants, holding that the circumstances did not warrant denial of bail.
Summary
The incident arose on 24 May 2025 in Siwan when two appellants were accused of rashly driving a motorcycle and assaulting an informant and his family, including caste-based abuse and tearing the informant's wife's blouse. The FIR listed charges under multiple sections of the Bihar Non‑tribal Scheduled Castes and Scheduled Tribes Act, 2023 and the SC/ST (Prevention of Atrocities) Act, 1989, and the trial court rejected anticipatory bail for the accused. The appellants contended that the dispute was a trivial village quarrel, the caste insult was not publicly humiliating, and the injuries were simple. The State argued that serious offences, including outraging the modesty of a woman, were alleged. The Patna High Court, considering the co‑villager relationship, the minor nature of the injuries, and lack of public humiliation, set aside the lower court’s order and granted anticipatory bail to appellants 1‑3 and 5‑8, subject to bond conditions, while noting the arrest of appellant 4 made the application infructuous. The appeal was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to persons charged under the SC/ST (Prevention of Atrocities) Act for alleged caste‑based abuse and assault.
- Whether the alleged caste insult, occurring in darkness and without public view, amounts to an offence under the SC/ST Act.
- Whether the injuries sustained are simple enough to justify bail despite the seriousness of the charges.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(2)(va), 3(i)(r)(s)(w)
Subjects
- anticipatory bail
- SC/ST Act
- caste abuse
- assault
- rash driving
- criminal appeal
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3341 of 2025
Arising Out of PS. Case No.-44 Year-2025 Thana- SC/ST District- Siwan
======================================================
1. Ankit Kumar S/o Panchanand Choudhary Resident of Vill.- Chotpur, P.S.-
Siwan Muffasil, Dist. - Siwan.
2. Veerjan @Viranjan Yadav Son of Sajeetan Choudhary Resident of Vill.-
Chotpur, P.S.- Siwan Muffasil, Dist. - Siwan.
3. Upendra @ Upendra Yadav Son of Samraj Choudhary Resident of Vill.-
Chotpur, P.S.- Siwan Muffasil, Dist. - Siwan.
4. Jeetan Yadav Son of Late Heera Yadav Resident of Vill.- Chotpur, P.S.- Si-
wan Muffasil, Dist. - Siwan.
5. Sajeetan Yadav @ Sachchidanand Yadav Son of Late Heera Yadav Resident
of Vill.- Chotpur, P.S.- Siwan Muffasil, Dist. - Siwan.
6. Nand Kumar Son of Jeetan Yadav Resident of Vill.- Chotpur, P.S.- Siwan
Muffasil, Dist. - Siwan.
7. Mahesh Yadav Son of Late Heera Yadav Resident of Vill.- Chotpur, P.S.- Si-
wan Muffasil, Dist. - Siwan.
8. Ramnath Choudhary @ Ramnath Prasad @ Ramnath Yadav Son of Late
Surat Yadav Resident of Vill.- Chotpur, P.S.- Siwan Muffasil, Dist. - Siwan.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramesh Manjhi Son of Late Indrasan Manji Resident of Vill.- Chotpur, P.S.-
Siwan Muffasil, Dist. - Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms.Kumari Anupam
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 16-04-2026 1. At the very outset, learned counsel for the appellants
submits that during pendency of this application the appellant
no. 4 -Jeetan Yadav has been arrested.
2. Accordingly, this application is dismissed as infructuous
qua the appellant no. 4-Jeetan Yadav.
Patna High Court CR. APP (SJ) No.3341 of 2025(5) dt.16-04-2026
2/4
3. Heard the parties.
4. This appeal is directed against the order dated
11.07.2025 passed in ABP No. 1778 / 2025 arising out of SC/ST
P.S. Case No. 44 / 2025 registered u/s 126(2), 115(2), 117(2),
74, 303(2), 352, 351(2), 3(5) of BNS, 2023 & Section 3 (i) (r)(s)
(w), 3(2) (va) of SC/ST Act, whereby and where under anticipa-
tory bail of the appellants has been rejected.
5. As per the F.I.R. on 24.05.2025 at about 7:30 P.M. in the
evening while the informant was engaged in fixing the bro-
ken wire, Veerjan (appellant no. 2) and Nand Kumar (appellant
no. 6) were rashly driving the motorcycle. When the
informant told them to drive slowly in the village, they started
abusing the informant and in the meanwhile the family members
of those appellants arrived with ‘lathi’, ‘danda’, iron rod,
‘khanti’ along with 5-7 other persons. Sajeetan Yadav (appellant
no. 5) abused by caste name and assaulted on the head of the in-
formant by ‘khanti’. When informant entered into his house, all
the accused persons including the appellants also entered into
the house, attacked the nephew of the informant and his wife.
Jeetan Yadav (appellant no. 4) tore the blouse of informant’s
wife and Upendra and Ankit assaulted the brother of the infor-
mant.
Patna High Court CR. APP (SJ) No.3341 of 2025(5) dt.16-04-2026
3/4
6. Learned counsel for the appellants submits that both the
parties are co-villagers and the occurrence has taken place on a
trifle issue of rash driving of motorcycle in the village. Abuse by
caste name was not in full public view inasmuch as at the time
of occurrence it was dark and members of public were not
present and further it was not with intention to humiliate or
demean the status of the informant. Three persons have
sustained injuries but all are simple in nature.
7. Learned counsel for the informant argued that there is
specific allegation against the appellant no. 4 -Jeetan Yadav that
he outraged the modesty of the informant’s wife however he has
been arrested and he is in custody. The other appellants are
named in the F.I.R. who assaulted the informant and his family
members causing injury to them.
8. Regard being had to the submission made by the parties,
taking into consideration the the fact that both the parties are
co-villagers, occurrence has taken on trifle issue of rashly
driving the motorcycle, caste name was not taken in full public
view with intention to humiliate the informant and his family
members and the injuries are simple in nature, accordingly, I am
inclined to grant anticipatory bail to the appellant nos. 1 to 3 &
5 to 8.
Patna High Court CR. APP (SJ) No.3341 of 2025(5) dt.16-04-2026
4/4
9. Accordingly, the order dated 11.07.2025 passed in ABP
No. 1778 / 2025 arising out of SC/ST P.S. Case No. 44 / 2025 is
hereby set aside. The appeal is allowed.
10. Let the appellant nos. 1 to 3 & 5 to 8, above named, be
released on anticipatory bail in the event of arrest or surrender
before the court below within a period of four weeks from today
on furnishing bail bond of Rs. 10,000/- (rupees ten thousand)
each with two sureties of the like amount each to the satisfaction
of learned A.D.J. I cum Special Court, Siwan in connection with
SC / ST P.S. Case No. 44 / 2025 subject to the condition as laid
down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
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