Patna High Court
RAJMANGALversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to the appellant subject to conditions under Section 438(2) of the CrPC.
Summary
The appellant, Rajmangal, was charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the informant Manoj Paswan after using caste-based slurs. The informant claimed the assault involved a rod, causing a head injury and loss of consciousness, and that the incident occurred in a public setting. The appellant sought anticipatory bail, which was denied by the Exclusive Special Court, prompting an appeal under Section 14A(2) of the SC/ST Act. The Patna High Court, noting the appellant's clean antecedent and the relatively simple nature of the injury, held that bail could be granted despite the seriousness of the charges. The court set aside the lower court’s order, granted anticipatory bail subject to a Rs.10,000 bond with two sureties and conditions under Section 438(2) of the CrPC, and allowed the appeal.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under the IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the alleged offences were committed in a public place as required for invoking provisions of the SC/ST Act.
- Whether the appellant's clean antecedent and the nature of the injury justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 324, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- caste-based violence
- bail conditions
- clean antecedent
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3390 of 2024
Arising Out of PS. Case No.-33 Year-2024 Thana- SC/ST District- Nawada
======================================================
RAJMANGAL S/O MUNNI LAL R/O VILLAGE- DUDHAILI, P.S-
NAMEDAARGANJ, DISTT.- NAWADA.
... ... Appellant/s
Versus
1. THE STATE OF BIHAR
2. MANOJ PASWAN S/O RATAN PASWAN R/O VILLAGE- MAJHIYAMA,
P.S- FATHEHPUR, DISTT.- GAYA.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Girish Chandra Jha, Advocate
For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P.
For the Informant : Mr. Narendra Kumar Chaubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
6 12-02-2026 Heard learned counsel for the appellant, learned
counsel for the informant and learned Special Public Prosecutor
appearing for the State.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
22.06.2024 passed by learned Exclusive Special Court, SC/ST
(PoA) Act, Nawada, in A.B.P. No. 1574 of 2024, in connection
with SC/ST P.S. Case No. 33 of 2024 registered under Sections
341, 323, 324, 504 and 506 of the Indian Penal Code read with
Sections 3(1)(r)(s) and 3(2)(va) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby
Patna High Court CR. APP (SJ) No.3390 of 2024(6) dt.12-02-2026
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the prayer for grant of anticipatory bail of the appellant has been
rejected.
3. As per the prosecution case, the informant,
namely, Manoj Paswan alleged that on 03.05.2024 at about
06:00 PM, while he was talking to his customers, the appellant
and the co-accused person came and abused by taking his caste
name. On being opposed by the informant, the appellant and his
son, namely Rajeev Kumar, assaulted him by means of rod due
to which he sustained injury on his head and fell unconscious on
the ground. On hulla, the villagers gathered, then they fled away
from there threatening him. Thereafter, he was taken to hospital
for treatment.
4. Learned counsel appearing for the appellant
submits that the appellant, who bears clean antecedent, is
innocent and has not committed the offence alleged. He further
submits that the offences of Indian Penal Code are bailable and
with regard to offences under the SC/ST Act, the same is not
made out as the same was not made in a public place within a
public view. As per the injury report, the injury sustained by the
injured is simple in nature caused by hard and blunt substance.
Hence, the impugned order may be set aside and the appellant
may be granted the privilege of anticipatory bail.
Patna High Court CR. APP (SJ) No.3390 of 2024(6) dt.12-02-2026
3/3
5. Learned Special Public Prosecutor for the State
as well as learned counsel for the informant have vehemently
opposed the prayer for grant of anticipatory bail to the appellant.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellant bears clean
antecedent, let the above named appellants let the above named
appellant, in the event of his arrest/surrender within a period of
six weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Court,
SC/ST (PoA) Act, Nawada, in connection with SC/ST P.S. Case
No. 33 of 2024 subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
7. Accordingly, the impugned order dated 22.06.2024
rejecting the prayer for grant of anticipatory bail to the appellant
is set aside.
8. This appeal is allowed.
(Praveen Kumar, J)
shivam/-
U T
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