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Patna High Court

RAJMANGALversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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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