Patna High Court
Prem Prakash Prasad @ Prem PrakashversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appellate court set aside the Special Judge’s refusal of bail and granted bail to the appellant.
Summary
The appellant, Prem Prakash Prasad, was charged under the SC/ST (Prevention of Atrocities) Act and the Bharatiya Nyaya Sanhita for allegedly colluding to withdraw Rs.2.10 lakh deposited by the complainant in a bank and for abusing her with caste-based slurs. The complainant claimed the money was withdrawn by the appellant and that she was ousted from the bank after being insulted. The appellant contended that the allegations were purely oral, lacked documentary evidence, and that the abuse allegation was vague and omnibus. The Special Judge had refused bail, but on appeal the High Court examined the insufficiency of evidence and the lack of specific proof of caste abuse. The High Court set aside the lower court’s order, granted bail on a bond of Rs.10,000 with two sureties, and allowed the appeal.
Issues considered
- Whether bail should be granted in offences under the SC/ST (Prevention of Atrocities) Act when the prosecution evidence is insufficient.
- Whether the allegation of caste-based abuse, without specific corroboration, suffices to sustain a charge under the SC/ST Act.
- Whether the Special Judge erred in refusing bail to the appellant.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 316(5), 318(4)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- bail
- SC/ST Act
- caste discrimination
- fraud
- evidence
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3663 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- EKMA District- Saran
======================================================
Prem Prakash Prasad @ Prem Prakash S/O Ganesh Prasad R/o Vill.-
Parasgarh Bazar, P.S.- Ekma, Dist.- Saran
... ... Appellant/s
Versus
1. The State of Bihar
2. Neetu Devi W/O Kameshwar Ram R/o Vill.- Rampur Bandlal, P.S.- Ekma,
Dist.- Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Eashita Raj, Advocate
For the State : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 19-03-2026 Heard learned counsel for the appellant and learned
Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for bail vide order dated 24.07.2025 passed by the
learned SC/ST Exclusive Special Judge, Saran at Chapra in
connection with Ekma P.S. Case No. 143 of 2025 registered for
the offences punishable under Sections 316(2), 316(5) & 318(4)
of the Bharatiya Nyaya Sanhita and under Sections 3(1)(r)(s)(w)
and 3(2)(va) of the SC/ST Act.
3. The case of the complainant in short is that the
Patna High Court CR. APP (SJ) No.3663 of 2025(4) dt.19-03-2026
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complainant is having an account in Central Bank of India
bearing account no. 3986032326. A CSP center was running at
the house of one Satish Prasad. Further allegation is that the
complainant has deposited altogether Rs.2,10,000/- and she has
alleged that the appellant along with others in each collusion
have withdrawn the same from the Bank and it is further alleged
that when the complainant went to demand the cash which she
has deposited, she was being abused by caste name and was
ousted from the bank.
4. Learned counsel for the appellant submits that the
allegation that the complainant had deposited the sum with CSP,
Rampur is only oral and from perusal of the entire diary there is
no evidence to connect the appellant that the withdrawal of the
sum. Entire investigation is depended upon the statement of the
witnesses. It has further been submitted that as per the case of
the complainant the amount has been withdrawn from her
account and if any amount has been withdrawn from account, it
generated evidence, that evidence is lacking in this case. It has
further been submitted that as far as allegation of abusing the
complainant with caste name is concerned, the same is general
and omnibus. Learned counsel for the appellant has further
submitted that the appellant is having no criminal antecedent
Patna High Court CR. APP (SJ) No.3663 of 2025(4) dt.19-03-2026
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and he is in judicial custody since 26.06.2025.
5. Learned counsel for the complainant is present and
has vehemently opposed the bail to the appellant.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 24.07.2025 passed by
the learned SC/ST Exclusive Special Judge, Saran at Chapra in
connection with Ekma P.S. Case No. 143 of 2025 is hereby set
aside and the appellant above-named, be released on bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned court of learned SC/ST Exclusive Special Judge,
Saran at Chhapra in connection with Ekma P.S. Case No. 143 of
2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
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