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Patna High Court

Meghnath PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The bar under Section 18 of the SC/ST Act does not apply, and the appellants are entitled to pre‑arrest bail.

Summary

The appellants appealed against the trial court's denial of pre‑arrest bail under Section 14(A)(2) of the SC/ST Act. The FIR alleged that they had slated an informant on the basis of his caste, assaulted him and outraged his wife's modesty, and that the informant had kidnapped the appellant's daughter. The court observed that the alleged incident occurred in a mango orchard, not in public view, and that the FIR contained only general, omnibus allegations without specific caste‑based abusive language or a clear role for each accused. Given the appellants' clean antecedents and the absence of any likelihood of witness tampering or intimidation, the court held that the bar under Section 18 of the SC/ST Act did not apply. Consequently, the trial court's order denying bail was quashed and the appellants were directed to be released on pre‑arrest bail subject to standard conditions, and the appeal was allowed.

Issues considered

  • Whether the bar under Section 18 of the SC/ST Act applies to the grant of pre‑arrest bail in the present case.
  • Whether the allegations in the FIR constitute a cognizable offence under the SC/ST Act warranting denial of bail.
  • Whether the appellants are entitled to pre‑arrest bail under Cr.P.C. Section 438 and Cr.P.C. Section 482 in view of the facts.

Legislation cited

Subjects

  • pre‑arrest bail
  • SC/ST Act
  • Section 18 bar
  • caste‑based offence
  • clean antecedents
  • public view
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3815 of 2025
                         Arising Out of PS. Case No.-49 Year-2025 Thana- SC/ST District- Vaishali
                 ======================================================
           1.     Meghnath Pandit son of Mahesh Pandit Resident of Ward no 3, Ps- Jethui,
                 Jethui nizamat District -Vaishali Bihar
           2.    Manish Kumar Son of Meghnath Pandit Resident of village - Jethui, Ps-
                 Jethui, Po- Hajipur, Ward no. 3, Jethui Nizamat, Po- Hajipur Ind. Area, Dist-
                 Vaishali
           3.    Anita Devi wife of Meghnath Pandit Resident of village - Ward no. 3, Ps-
                 Jethu, Jethui Nizamat, Dist- Vaishali
           4.    Sushmita Kumari Wife of Bittu Pandit Resident of village - Karkar, Ps-
                 Mahrajpur, Post- Mahrajpur, dist- Ghaziabad
           5.    Juhi Kumari Wife of Shyam Babu Resident of village - Veerganj, Ward no.
                 6, Ganpataul, Begusarai

                                                                                     ... ... Appellant/s
                                                         Versus
           1.    The State of Bihar
           2.    Dharmendra Choudhary son of Nathu Choudhary Resident of village -
                 Jethui, Ps- Industrial Area, Dist- Vaishali

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Aryan Sinha, Advocate
                 For the Respondent/s     :        Mr.Binay Krishna, APP
                 For the informant        :        Mr. Mukesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   16-04-2026                     Heard learned counsel for the appellant and learned

                   Spl. PP for the State.

                                2. The appellants have preferred the appeal under

                   Section 14(A)(2) of the SC/ST Act against the rejection of

                   prayer for pre-arrest bail vide order dated 25.07.2025 passed by

                   learned Exclusive Special Judge, SC/ST Vaishali in connection
Patna High Court CR. APP (SJ) No.3815 of 2025(4) dt.16-04-2026
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          with Hajipur SC/ST P.S. Case No. 49 of 2025 registered under

          Sections 126(2),115(2),117,74,303(2),352,351(2),3(5) of the

          BNS and Section 3(i)(r)(s)(w)(i),3(2)(va)of the SC/ST Act.

                       3. As per the allegation made in the F.I.R., the accused

          persons named therein including the appellants are said to have

          slated the informant in the name of his caste and also assaulted

          him. The accused persons also outraged the modesty of the wife

          of the informant.

                       4. Learned counsel appearing on behalf of the

          appellants submitted that the appellants are innocent and have

          falsely been implicated in the present case. General and

          omnibus allegation has been levelled against all the appellants.

          The occurrence has taken place in the mango orchard and as

          such, it cannot be said that the alleged occurrence took place in

          public view. The appellants have clean antecedents.

                       5. Learned counsel for the informant and the learned

          Spl.PP for the State have opposed the prayer for grant of bail to

          the appellants.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR, I find that general and omnibus allegation has been

          levelled against all the appellants. It has come in the impugned
Patna High Court CR. APP (SJ) No.3815 of 2025(4) dt.16-04-2026
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          order that daughter of the appellant no.1 was kidnapped by the

          informant. The occurrence has taken place in the mango orchard

          and as such, it cannot be said that the alleged occurrence took

          place in public view. In the absence of any allegation of

          intentional insult or intimidation to establish a caste nexus, and

          with no assertion that caste-based abusive language was used

          against the informant, coupled with the lack of any specific role

          attributed to the appellants, there appears to be no likelihood of

          the appellants threatening witnesses, tampering with evidence,

          or misusing the privilege of liberty. The appellants have clean

          antecedents. In such circumstances, the impugned order dated

          25.07.2025 is quashed and set-aside as the bar under Section 18

          of the SC/ST Act is not attracted.

                       7. The learned Trial Court is directed to release the

          appellants on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of

          four weeks, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of the learned District Court where the case is

          pending in connection with Hajipur SC/ST P.S. Case No. 49 of

          2025, subject to the condition as laid down under Section 438

          (2) of the Cr.P.C / 482 (2) of the BNSS.
           Patna High Court CR. APP (SJ) No.3815 of 2025(4) dt.16-04-2026
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                                  8. Accordingly, the appeal is allowed.


                                                (Purnendu Singh, J)

Sanjay/-

U      T


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