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Patna High Court

Manager GuptaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                        3/3




                     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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