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Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order refusing anticipatory bail was set aside and the appellant was granted anticipatory bail subject to prescribed conditions.

Summary

The appellant, Prince Kumar, was charged under several provisions of the Bihar Negotiable Instruments Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged caste-based abuse and assault on a police informant. He filed an appeal under Section 14‑A(2) of the SC/ST Act against the Additional Sessions Judge’s refusal to grant anticipatory bail. The appellant contended that the FIR did not specifically allege any abusive conduct by him, that the allegations were directed at other accused, and that he was falsely implicated. The Special Public Prosecutor could not refute these contentions. The Patna High Court set aside the lower court’s order refusing bail and directed that, if arrested within six weeks, the appellant be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bihar Negotiable Instruments Act. The appeal was allowed.

Issues considered

  • Whether the refusal of anticipatory bail under Section 438 CrPC is justified when the FIR does not specifically allege the appellant’s involvement in the alleged caste‑based abuse.
  • Whether the appellant is entitled to anticipatory bail under the provisions of the SC/ST (Prevention of Atrocities) Act, 1989.
  • Whether the allegations in the FIR constitute sufficient grounds to deny bail to the appellant.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • caste based assault
  • Criminal Procedure Code
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.336 of 2026
                   Arising Out of PS. Case No.-586 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Prince Kumar Son of Manoj Kushwaha @ Manoj Prasad Resident Of Village-
                 Balua Rampurwa, Ps- Bairiya, Dist -West Champaran

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Rajeshwar Manjhi, PTC 830 Posted At Dial 112 Ps, Bairiya, Dist- West
                 Champaran bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ram Kishun Prasad, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-04-2026                 1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               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 05.01.2026 in A.B.P. No. 3116/2025 passed by the

                   learned Additional Sessions Judge, 1st cum Special Judge,

                   SC/ST Act, in connection with Bairiya P.S. Case No. 586 of

                   2025 registered under Sections 126(2), 115(2), 191(2), 117(2),

                   190, 132, 121(1), 352, 351(2), 3(5) of the B.N.S. and Sections 3

                   (i)(r) (s) 3(2) (va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.336 of 2026(3) dt.20-04-2026
                                             2/3




                       3. Learned counsel appearing on behalf of the

          appellants submits that appellants have antecedents of four cases

          but then three cases are under the Excise Act. It is also

          submitted that once an accused is implicated in a case relating to

          excise, the Police started implicating mechanically. It is next

          submitted that informant alleges that on 05.12.2025 at about

          20.45 P.M. while he alongwith police personal at Malhi Nahar

          Chowk were crossing where eleven named accused persons

          including the appellant came and started abusing him by taking

          caste name and Alok, Chandan and Raj Kumar assaulted and

          damaged the police vehicle and Chandan was arrested.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that no

          specific allegation of abuse and assault is alleged against the

          appellant. It is next submitted that the specific allegation of

          abusing the informant by taking caste name and assaulting is

          against Alok, Chandan and Raj Kumar. It is further submitted

          that the informant is the police official and thus is represented

          by learned Special PP. It is also submitted that it does not

          probable that all the accused in one would have abused.
            Patna High Court CR. APP (SJ) No.336 of 2026(3) dt.20-04-2026
                                                         3/3




                                   5. Learned Special Public Prosecutor for the State

                      opposes the prayer for anticipatory bail of the appellant but then

                      was not in a position to rebut the submission made by learned

                      counsel appearing on behalf of the appellant that no specific

                      allegation of abuse and assault is alleged against the appellant.

                                   6. After hearing the learned counsel for the parties and

                      considering the submissions made by the learned counsel

                      appearing on behalf of the appellant, the order impugned dated

                      05.01.2026 is set aside.

                                   7. Let the appellant, above-named, in the event of his

                      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 Bairiya P.S. Case No. 586 of 2025, subject

                      to the conditions as laid down under Section 438(2) of the

                      Cr.P.C./482(2) of the B.N.S.S.

                                   8. The appeal stands allowed.


                                                 (Satyavrat Verma, J)

Ranjeet/-
U       T


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