Patna High Court
CHHOTU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The High Court allowed the appeal, set aside the order rejecting anticipatory bail, and granted bail to the appellant with conditions.
Summary
Chhotu Kumar was charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting a woman, Shobha Kumari, with an iron rod and using caste-based slurs. The trial court rejected his application for anticipatory bail. Kumar appealed under Section 14A(2) of the SC/ST Act, contending that the allegations were false, the injuries were minor, and he had a clean antecedent. The High Court examined the injury report, the nature of the alleged assault, and the appellant's background, and concluded that the evidence did not warrant denial of bail. Consequently, the Court granted anticipatory bail subject to a bond and sureties, and set aside the lower court’s order. The appeal was therefore allowed.
Issues considered
- Whether the appellant is entitled to anticipatory bail under the provisions of the Criminal Procedure Code in a case involving alleged offences under the SC/ST Act and IPC.
- Whether the alleged facts constitute an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether the injury report and the appellant's clean antecedent justify the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 341, 354, 379, 447, 504, 506/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s)(w)(i), 3(2)(va)
Subjects
- anticipatory bail
- Scheduled Castes and Scheduled Tribes Act
- assault
- caste-based violence
- bail jurisdiction
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3647 of 2023
Arising Out of PS. Case No.-2 Year-2023 Thana- SC/ST District-
Sheikhpura
======================================================
CHHOTU KUMAR S/o Navin Singh @ Guhan Singh R/o Village Andauli, P.S.
Chewara, District Sheikhpura.
... ... Appellant/s
Versus
1. The State of Bihar
2. SHOBHA DEVI W/o Radhey Shayam Paswan Village Andauli, P.S.
Chewara, Dist. Sheikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shambhu Sharan Kumar, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 04-02-2026 Heard learned counsel for the appellant and
learned Special Public Prosecutor appearing for the State.
2. Learned Special Public Prosecutor for the
State has submitted that in compliance of the order dated
11.10.2023, he had informed the informant/complainant.
3. There is no representation on behalf of
respondent No.2 despite information with respect to the
present appeal is conveyed to the informant/complainant.
4. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is directed against the order dated
Patna High Court CR. APP (SJ) No.3647 of 2023(5) dt.04-02-2026
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17.04.2023 passed by learned 1st Additional District and
Sessions Judge, Sheikhpura in A.B.P. No. 290 of 2023 in
connection with Sheikhpura SC/ST P.S. Case No. 02 of 2023
registered under Sections 341, 323, 354, 379, 447, 504, and
506/34 of the Indian Penal Code and Section 3(1)(r)(s)(w)
(i) and 3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, whereby the prayer for
grant of anticipatory bail of the appellant has been rejected.
5. As per the prosecution case, informant,
namely, Shobha Kumari alleged that on 21.01.2023 when her
grand son went to attend the call of nature, the appellant
snatched his mobile phone and on being asked for mobile,
the family members of the appellant refused to return his
mobile and started abusing him. Thereafter, grand son of the
informant along with his brother went to the house of
Mukhiya. Meantime, the appellant along with two others
came to the house of informant and the appellant gave iron
rod blow over her head and thereafter all three accused
persons assaulted her with fists and slaps. On alarm being
raised, local people gathered there and thereupon, all the
accused persons fled away with the threatening to kill them
denoting them by their caste name.
Patna High Court CR. APP (SJ) No.3647 of 2023(5) dt.04-02-2026
3/4
6. Learned counsel appearing for the appellant,
who is of clean antecedent, submits that the allegation with
respect to assault is false and fabricated one. He further
draws the attention of this Court to the injury report of the
informant as contained in Annexure-2, series from which it
appears that the informant received two cut wounds; one on
the right eyebrow and another on the left side of her head.
Referring to the injuries sustained by the informant, he
further submits that the injuries sustained by the informant
are simple in nature caused by a hard and blunt substance.
He further submits that as regards allegation of abuse by
caste name is concerned, it does not appear to be in a public
place as none of the persons has been disclosed before
whom the alleged abuse was made as the alleged occurrence
took place in the night. He further submits that no case, as
alleged in the F.I.R, attracting rigours of SC & ST Act is made
out against the appellant.
7. Learned Special Public Prosecutor
vehemently opposed the prayer for grant of anticipatory bail
to the appellant and submitted that according to the F.I.R.
direct allegation of giving iron rod blow over the head of the
informant is attributed to appellant.
Patna High Court CR. APP (SJ) No.3647 of 2023(5) dt.04-02-2026
4/4
8. Considering the entire facts and
circumstances of the case and also the fact that though
injury report is available on record, but the injuries
sustained by the informant appears to be of simple in nature
and the appellant bears clean antecedent, 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 1st
Additional District and Sessions Judge, Sheikhpura in
connection with Shiekhpura SC/ST P.S. Case No. 02 of 2023
subject to the conditions laid down under Section 482(2) of
the B.N.S.S/Section 438(2) of the Cr.P.C..
9. Accordingly, this appeal is allowed and the
impugned order dated 17.04.2023 rejecting the prayer for
grant of anticipatory bail to the appellant is, hereby, set
aside.
(Praveen Kumar, J)
brajesh/-
U T
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