Patna High Court
Abhinav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
No prima facie case exists against the appellant under the SC/ST (Prevention of Atrocities) Act, 1989, and the lower court’s order is set aside, granting bail to the appellant.
Summary
Abhinav Kumar was named in an FIR for assault and firearm injury to the son of an informant, with alleged caste‑based abuse. The court found that the firearm injury and caste slur were attributable to co‑accused Vishal Kumar, not to the appellant, who was merely present. The appellant argued that no prima facie case existed against him under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and that the incident stemmed from a road‑rage dispute. The High Court held that the allegations against the appellant did not satisfy the requirements of an atrocity under the Act, and therefore set aside the lower court’s order denying bail. Consequently, the appellant was granted bail on a bond of Rs 10,000 with two sureties and the appeal was allowed.
Issues considered
- Whether the appellant can be held liable under Section 14A of the SC/ST (Prevention of Atrocities) Act, 1989 for the alleged caste‑based assault and firearm injury.
- Whether the appeal filed under Section 14A(2) is within the limitation period prescribed under Section 14A(3).
- Whether bail can be granted to the appellant under Section 438(2) of the CrPC/Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1) read with 3(5), 115(2), 126(2), 352
- Code of Criminal Procedure — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 14A(3)
Subjects
- SC/ST (Prevention of Atrocities) Act
- bail
- caste‑based atrocity
- firearm injury
- limitation period
- exclusive special judge
- prima facie case
- road rage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3742 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- BAKHARI District- Begusarai
======================================================
Abhinav Kumar, S/o Shatrudhan Paswan, R/o Village-Sugga (Suga), Ward
No. 16, Bakhri Bazar, P.S.- Bakhri, Distt.- Begusarai.
... ... Appellant
Versus
1. The State of Bihar
2. Rajo Paswan, S/o Brahmdeo Paswan, R/o Village-Babhen (Babhain), Ward
No. 10, P.S.- Bakhri, Distt.- Begusarai.
... ... Respondents
======================================================
Appearance :
For the Appellant/s : Mr. Sandip Kumar Gautam, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
For the Informant : Mr. Vinod Kumar Seth, Advocate
Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State duly assisted by
learned counsel appearing for informant.
2. The appellant has preferred the present appeal
under Section 14A(2) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST
(POA) Act 1989’) for setting aside the impugned order dated
07.08.2025 passed by the learned Exclusive Special Judge,
SC/ST (POA) Act, Begusarai in connection with Bakhri
(Bakhari) P.S. Case No.160 of 2025.
3. Present appeal is well within limitation as
Patna High Court CR. APP (SJ) No.3742 of 2025(3) dt.24-02-2026
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prescribed under Section 14A(3) of the SC/ST (POA) Act
1989.
4. Accused/appellant is named in the FIR and
apprehending his arrest in connection with Bakhri (Bakhari)
P.S. Case No.160 of 2025 registered for the offences
punishable under Sections 126(2), 115(2), 352, 109(1) read
with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short
‘B.N.S.’) as well as Sections 3(1)(r)(s) of the Act of 1989 and
Section 27 of the Arms Act.
5. As per FIR, co-accused person along with
appellant and 5-6 unknown persons assaulted the son of
informant by using caste name and also one of the co-accused
opened fire upon him, which hit on his right thigh, whereas
another bullet as fired by the same co-accused passed by
injuring his head. After the occurrence, the accused persons
fled away. The appellant claimed himself a member of
scheduled caste community.
6. It is submitted by learned counsel appearing for
appellant that the occurrence took place due to road rage
issue as surfaced between the son of the informant and
Patna High Court CR. APP (SJ) No.3742 of 2025(3) dt.24-02-2026
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appellant and others. It is submitted that the specific
allegation of causing firearm injury is available against co-
accused Vishal Kumar and merely as this appellant was with
the side of co-accused Vishal Kumar, he was implicated with
present false case. It is submitted that even abuse in caste
name is available against co-accused Vishal Kumar and not
against this appellant and, therefore, no prima facie case
appears made out against appellant under the SC/ST (POA)
Act, 1989. It is submitted that nothing surfaced during the
course of investigation, which may suggest that act of
appellant can be said an atrocities within the meaning of Act
as to cause present occurrence. The appellant claimed clean
antecedent.
7. Learned counsel for the appellant submitted that
if insult is not caused to complainant/informant on the basis
of caste, no case is made out under the Act, as it was held in
State of Madhya Pradesh vs. Parasram @
Purushottam as reported in [2015 (153)AIC 276].
8. Learned Special Public Prosecutor has opposed
the prayer of bail.
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9. Learned counsel appearing for informant while
opposing the appeal submitted that this appellant was actively
involved in this case. However, he could not dispute the
factual aspects that firing and abuse by caste name was made
by co-accused Vishal Kumar.
10. In view of aforesaid factual submissions and by
taking note of fact as prima facie allegation of causing fatal
firearm injury and also abuse by caste name is not available
against appellant rather same is available against co-accused
Vishal Kumar, accordingly, the appellant, above-named, in
the event of his arrest or surrender before the court below
within a period of four weeks from today, is directed to be
released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special
Judge, SC/ST (POA) Act, Begusarai in connection with Bakhri
(Bakhari) P.S. Case No. 160 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
Patna High Court CR. APP (SJ) No.3742 of 2025(3) dt.24-02-2026
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‘BNSS’).
11. Accordingly, the impugned order dated
07.08.2025 as passed by learned Exclusive Special Judge,
SC/ST (POA) Act, Begusarai is set aside.
12. The appeal stands allowed.
(Chandra Shekhar Jha, J.)
Sanjeet/-
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