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Patna High Court

Vinay Kumar @ Vinayak KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that anticipatory bail should be granted as the injury was simple and the appellants had no criminal antecedent, thereby setting aside the lower court’s denial.

Summary

The appellants, Vinay Kumar and Purushotam Dubey, were charged under the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting a person and abusing him on the basis of caste during a protest. They applied for anticipatory bail, which was denied by the Additional Sessions Judge. On appeal, the High Court considered the nature of the alleged injury (deemed simple), the absence of any criminal antecedent, and the allegations in the FIR. Weighing these factors, the Court allowed the appeal, set aside the lower court’s order, and directed that the appellants be released on anticipatory bail upon furnishing a bail bond with sureties. The decision underscores that even in cases involving caste-based offences, anticipatory bail may be granted where the injury is minor and the accused have no prior record.

Issues considered

  • What is the appropriate standard for granting anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act, 1989 in a case involving alleged caste-based assault?
  • Does the nature of the alleged injury and the absence of prior criminal record justify the grant of anticipatory bail despite the FIR allegations?

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based assault
  • simple injury
  • no criminal antecedent
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.361 of 2026
                      Arising Out of PS. Case No.-98 Year-2025 Thana- SONEBARSA District- Buxar
                 ======================================================
           1.     Vinay Kumar @ Vinayak Kumar, S/o Janardan Singh, R/o Village- Karsar,
                  P.S. - Sonversa, District- Buxar
           2.    Purushotam Dubey @ Purushotam Kumar @ Gudu, S/o Birendra Dubey,
                 R/o Village- Karsar, P.S. - Sonversa @ Sonbarsa, District- Buxar
                                                                             ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.     Prabhu Kumar, S/o Dayanand Ram, R/O village- Kadsar, P.S.- Sonversa,
                  Distt. - Buxar
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellants      :        Mr. Sanjay Kumar, Advocate
                                                  Mr. Rahul Nath, Advocate
                 For the State           :        Mr. Usha Kumari 1, Spl.P.P.
                 For the Resp. No.2      :        Mr. Md. Azimuddin, Advocate
                                                  Mr. Sunil Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   16-04-2026                 Heard learned counsel for the appellants, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the respondent no.2.

                               2. The appellants have preferred this appeal against

                   the order dated 20.12.2025 passed in A.B.P. no.1222 of 2025 by

                   learned Additional Sessions Judge Ist –cum– Special Judge,

                   SC/ST (PoA) Act, Buxar and for grant of anticipatory bail in

                   connection with Sonebarsa P.S. Case no.98 of 2025 registered

                   under sections 126(2), 115(2), 303(2), 352, 351(2) and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023 and sections 3(1)(r)(s) and

                   3(2)(va) of the Scheduled Castes and Scheduled Tribes
Patna High Court CR. APP (SJ) No.361 of 2026(3) dt.16-04-2026
                                             2/3




          (Prevention of Atrocities) Act, 1989.

                       3. As per the prosecution case, the informant states

          that in the night of 2.10.2025, on electricity connection being

          cut, 15 to 20 boys including the two appellants herein started

          tearing the posters of Baba Saheb. On protest, he was abused in

          the name of his caste and also assaulted with a belt. His relative

          Akhilesh Kumar was also assaulted. The accused were giving

          threats. They somehow escaped.

                       4. Learned counsel for the appellants submits that the

          appellants have been falsely implicated in the case. No such

          occurrence as alleged in the F.I.R. has taken place. Accepting

          the allegations, the nature of injury has been found to be simple

          in nature. The appellants have no criminal antecedent and

          undertake to cooperate in the investigation/trial.

                       5. The appeal is opposed by learned Special Public

          Prosecutor for the State and learned counsel for the respondent

          no.2. It is submitted by learned counsel appearing for the

          respondent no.2 that the appellants are named in the F.I.R. and

          there is direct allegation against them of having abused the

          informant in the name of his caste and of having assaulted him

          together with the corresponding injury having been found on his

          body. The allegations have been supported in the case diary by
            Patna High Court CR. APP (SJ) No.361 of 2026(3) dt.16-04-2026
                                                         3/3




                      the witnesses. It is not a case for grant of anticipatory bail.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the F.I.R. together

                      with the injuries having been opined to be simple in nature and

                      the appellants not having any criminal antecedent, the Court is

                      inclined to allow the instant appeal.

                                   7. The appeal is allowed and the order dated

                      20.12.2025 passed in A.B.P. no.1222 of 2025 by the learned

                      Additional Sessions Judge Ist –cum– Special Judge, SC/ST

                      (PoA) Act, Buxar rejecting the prayer for anticipatory bail of the

                      appellants is set aside.

                                   8. In the facts of the case, it is directed that both the

                      appellants above named, in the event of their arrest or surrender

                      before the learned Court below within a period of four weeks, be

                      released on anticipatory bail in connection with Sonebarsa P.S

                      Case no.98 of 2025 on each of them furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Additional

                      Sessions Judge Ist–cum–Special Judge, SC/ST (PoA) Act,

                      Buxar.


                                                        (Partha Sarthy, J)
avinash/-
U       T


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