Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Instruments Act — s. 115(2), 117(2), 121(1), 126(2), 132, 190, 191(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2), 3(i)(r), 3(s), 3(va)
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/-
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