Patna High Court
Manager GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The High Court allowed the appeal and granted anticipatory bail to the appellants with conditions.
Summary
The appellants, Manager Gupta and Gupta @ Sri Narain Gupta, appealed against the order of the Additional Session Judge (Special Judge, SC/ST Act) that rejected their anticipatory bail application in a case involving alleged assault and caste-based abuse. The prosecution alleged that the appellants assaulted the informant and his daughter over a dispute, invoking sections of the Bihar Penal Code and the SC/ST (Prevention of Atrocities) Act. The appellants argued that the injury report showed only simple injuries, they had no prior criminal record, and that the alleged caste abuse was not substantiated. The High Court, noting the simplicity of the injuries and lack of evidence of caste atrocity, set aside the lower court’s order and granted anticipatory bail subject to stringent conditions. The bail conditions required a bond, sureties, regular court appearances, police attendance, and prohibitions against tampering with witnesses or committing further offences.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite allegations of assault and caste-based offences under the SC/ST (Prevention of Atrocities) Act.
- Whether the injury report and lack of prior criminal antecedent negate the seriousness of the charges.
- Whether the lower court erred in rejecting the anticipatory bail application.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(d), 3(1)(dh), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- caste abuse
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3346 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- SC/ST District- Gopalganj
======================================================
1. Manager Gupta S/O Late Saral Gupta Village-Chugri, P.O- Jagdishpur, P.S.-
Bajaipur, District- Gopalganj
2. Gupta @ Sri Narain Gupta @ Sri Gupta S/O Late Saral Gupta Village-
Chugri, P.O- Jagdishpur, P.S.- Bajaipur, District- Gopalganj
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Amerika Gond S/O Sukhdeo Gond Village-Chugri, P.O- Jagdishpur, P.S.-
Bajaipur, District- Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Natraj Verma, Adv.
For the Respondent/s : Ms. Usha Kumari 1, Sp.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 23-02-2026 Heard the parties.
2. The present appeal has been filed for setting aside the
order dated 15.07.2025 passed by Additional Session Judge 11 th cum
Special Judge (SC/ST Act) Gopalganj in connection with
Anticipatory Bail Application No. 1085 of 2025 (arising out of
SC/ST P.S. Case No. 07 of 2025) registered for the offence
punishable under sections 115(2), 126(2), 118(i), 351(2), 352, 3(5) of
the BNS and u/s 3(1)(d), 3(1)(dh), 3(2)(va) of the Sc and ST
(Prevention of Atrocities) Act whereby the prayer for anticipatory
bail of the appellant has been rejected.
3. As per the prosecution story, the informant alleged that
while he was in his house, the appellants came and after abuse on the
Patna High Court CR. APP (SJ) No.3346 of 2025(4) dt.23-02-2026
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dispute relating to passage, assaulted him as also the daughter. They
were taken to the Health Center which followed the FIR.
4. Learned counsel for the appellants has taken this Court
to the injury report to show that the same has been found to be simple
in nature and the appellants do not have criminal antecedent. The
further submission is that the caste abuse case is also not made out.
5. Learned Spl.P.P. opposes the prayer submitting that the
abuse as also assault theory is there.
6. Considering the aforesaid submissions of the parties as
also the fact the the injuries have been found to be simple in nature,
in that background, this Court is inclined to grant them the
anticipatory bail with conditions.
7. The impugned order dated 15.07.2025 passed in
Anticipatory Bail Application No. 1085 of 2025 (arising out of
SC/ST P.S. Case No. 07 of 2025) by the Additional Session Judge
11th cum Special Judge (SC/ST Act) Gopalganj stands set aside and
the appeal is allowed.
8. Let the appellants, named above, in the event of
arrest/surrender within a period of eight weeks from the date of
receipt/production of a copy of this order, be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-11th-cum-Special Judge SC/ST Act,
Gopalganj in connection with Anticipatory Bail Application No.
Patna High Court CR. APP (SJ) No.3346 of 2025(4) dt.23-02-2026
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1085 of 2025 (arising out of SC/ST P.S. Case No. 07 of 2025) subject
to the following conditions:
(i) one of the bailor should be the family
members/relatives of the appellants, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
show his bona fide;
(ii) the appellants shall appear on each and every date
before the Trial court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of their bail bond by
the Trial court itself;
(iii) the appellants shall appear before the concerned
police station every month for next six months to mark attendance
and at the end of the period, the certificate be submitted to the Court;
(iv) the appellants shall in no way try to induce or promise
or threat the witnesses or tamper with the evidences, failing which
the State shall be at liberty to take steps for cancellation of the bail
bonds;
(v) the appellants shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U
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