Patna High Court
PRAMOD KUMAR SHRIVASTAVAversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court set aside the order refusing anticipatory bail and granted anticipatory bail to appellant No.2 subject to conditions.
Summary
The appellants, Pramod Kumar Shrivastava and his son Prakash Kumar Shrivastava, were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged fraud involving a Rs.1,00,000 payment to send the informant's brother to Malaysia, which resulted in the brother's arrest for using a forged visa, and for subsequent alleged caste‑based abuse when the informant sought his money back. The informant filed a complaint leading to an order refusing anticipatory bail for the accused on 2 May 2023. The appellants appealed under Section 14‑A(2) of the SC/ST Act, and the first appellant withdrew his part of the appeal. The court examined whether the alleged abuse was a public offence and whether the allegations were sufficiently specific to deny bail. Finding the allegations to be general, not made in public view, and the appellant 2 not culpable for the primary fraud, the court set aside the lower court’s order and granted anticipatory bail with conditions. Consequently, the appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted to appellant No.2 under Section 14‑A(2) of the SC/ST Act.
- Whether the alleged caste‑based abuse and threats constitute an offence made in public view.
- Whether the allegations against appellant No.2 are sufficiently specific to justify denial of bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 406, 420, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste abuse
- forgery
- visa fraud
- IPC offences
- Section 14-A
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3665 of 2023
Arising Out of PS. Case No.-12 Year-2023 Thana- SC/ST District- Gopalganj
======================================================
1. Pramod Kumar Shrivastava S/O Sri Harendra Prasad Shrivastava R/O
Village- Makundia (Basdila), Ps. Gopalganj, Dist. Gopalganj
2. Prakash Kumar Shrivastava @ Prakash Kumar S/O Pramod Kumar
Shrivastava R/O Village- Makundia (Basdila), Ps. Gopalganj, Dist.
Gopalganj
... ... Appellant/s
Versus
1. The State Of Bihar
2. Shambhu Kumar Manjhi S/O Rama Manjhi R/O Village- Majhwaliya, Ps.
Manjhagarh, Dist. Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satyendra Rai
For the Respondent/s : Mr. Sadanand Paswan
For the Informant : Ms. Shilpi Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 08-04-2026 Heard learned counsel for the appellants, learned
counsel for the informant and learned Spl. P.P. for the State.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 02.05.2023 passed by the learned Additional
Sessions Judge-III-cum-S.C./S.T. Special Court, Gopalganj in
connection with Gopalganj P.S. Case No. 12 of 2023 registered
for the offences punishable under Sections 341, 323, 406, 420,
Patna High Court CR. APP (SJ) No.3665 of 2023(5) dt.08-04-2026
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504 and 34 of the Indian Penal Code as well as Sections 3(1)(r)
(s), 3(2)(va) of the SC and ST Act.
3. Learned counsel for the appellants after arguing
vehemently for some time realising his difficulty seeks
permission to withdraw the appeal with respect to appellant no.
1, namely, Pramod Kumar Shrivastava.
4. Permission is accorded.
5. Learned counsel for the appellants submits that
appellant no. 2 has antecedent of one case and the informant
alleges that he was acquainted with the appellants and Harendra,
further Pramod in the month of August 2022 disclosed that if he
wants to go to Malaysia for earning his livelihood he can send
him but the cost is Rs.1,00,000/-. It is next submitted alleged
that the informant gave Rs. 1,00,000/- to Pramod who sent the
informant’s brother to Bangkok on tourist visa but his brother
was arrested by Bangkok police, since the tourist visa was found
forged and fabricated, thereafter, his brother was deported back
to India, accordingly, the informant went to seek his money
back when accused persons refused to return the money and
threatened, further on 05.03.2023 informant along with his
cousin brother went to the house of the accused persons, but was
abused by taking caste name.
Patna High Court CR. APP (SJ) No.3665 of 2023(5) dt.08-04-2026
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6. Learned counsel for the appellants submits that the
appellants no. 2 has been falsely implicated in the instant case
by the informant, it is next submitted that thrust of the allegation
is against Pramod, it is also submitted that from perusal of the
allegation as alleged in the FIR it would manifest that it was
Pramod who had disclosed to the informant that he can send
him to Malaysia for earning his livelihood based on which
Rs.1,00,000/- is given but then his brother was sent to Thailand
where he was arrested and deported back to India on the ground
that visa was forged and fabricated. It is next submitted that as
far as appellant no. 2 is concerned, the allegation against him is
that when informant along with his brother went to the house of
the accused persons for seeking his money back, he was abused
and threatened. It is next submitted that allegation of abuse and
threatening is general and omnibus in nature. It is further
submitted that even presuming what has been alleged to be true
without admitting, still the occurrence did not take place in
public view, rather was committed at the house of the
appellants.
7. Learned Spl. P.P. for the State and learned counsel
for the informant opposed the prayer for anticipatory bail of the
appellant no. 2 but are not in a position to rebut the submission
Patna High Court CR. APP (SJ) No.3665 of 2023(5) dt.08-04-2026
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of the learned counsel appearing for the appellant no. 2 that
allegation of abuse and threatening is general and omnibus in
nature and occurrence took place at the house of the appellants
and thus was not in public view.
8. In view of the submissions made by the learned
counsel for the appellants, the order dated 02.05.2023 passed by
the learned Additional Sessions Judge-III-cum-S.C./S.T. Special
Court, Gopalganj in connection with Gopalganj P.S. Case No.
12 of 2023 is hereby set aside and the appellant no. 2, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 5,000/- (Rupees Five Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Gopalganj P.S. Case No. 12 of 2023 subject to
the conditions as laid down under Section 482 (2) of the BNSS.
9. Accordingly the appeal stands allowed.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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