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Patna High Court

CHHOTU KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             2/4




          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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