Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and bail is granted to the appellant as the allegations are general and the essential ingredients of the SC/ST Act are not prima facie established.
Summary
The appellant, Chandan Kumar, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant and his family while using caste‑based slurs. The trial court rejected his bail application, holding that the case warranted custody. On appeal, the appellant argued that he was falsely implicated, that the allegations were vague and omnibus, and that no specific act could be linked to him, nor was there any intentional insult in public to attract the SC/ST Act. The High Court examined the record and found that the prosecution’s case did not specifically attribute any overt act to the appellant and that the essential ingredients of the SC/ST Act were not prima facie established. Consequently, the lower court’s order denying bail was set aside and the appellant was granted bail on condition of a bond and sureties. The judgment was limited to bail considerations and did not address the merits of the underlying criminal charges.
Issues considered
- Whether the allegations against the appellant satisfy the essential ingredients of the SC/ST (Prevention of Atrocities) Act for granting bail.
- Whether specific overt acts can be attributed to the appellant to justify denial of bail under the Bharatiya Nyaya Sanhita provisions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- SC/ST Act
- caste‑based violence
- Bharatiya Nyaya Sanhita
- general allegations
- omnibus charge
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.385 of 2026
Arising Out of PS. Case No.-161 Year-2025 Thana- Krishnabraham District- Buxar
======================================================
Chandan Kumar S/o Fudena Mahto R/o vill - Sowan, P.S.- Krishna Brahm,
Distt.- Buxar
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Nidhi Devi W/o- Shyam Narayan Paswan R/o Vill.- Sowan P.O.- Sowan ,
P.S.- Krishna Brahm, Dist.- Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manendra Kumar Sinha
For the Respondent/s : Mr. Sadanand Paswan
For the Res No. 2 : Mr. Prem Kumar Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-04-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State as well as learned
counsel appearing on behalf of the informant.
2. The present appeal has been preferred against the
order dated 18.12.2025 passed by the learned District and
Additional Sessions Judge-I-cum-Special Judge, SC/ST Act,
Buxar in connection with Brahm P.S. Case No. 161 of 2025,
registered for the offence punishable under Sections 126(2),
115(2), 109, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 3(1)(r)(s) and 3(2)(va) of the SC/ST
Act, whereby the prayer for bail of the appellant has been
rejected.
Patna High Court CR. APP (SJ) No.385 of 2026(4) dt.23-04-2026
2/3
3. The prosecution case, in brief, is that the appellant,
along with other co-accused persons, is alleged to have brutally
assaulted the informant and the family members while using
caste-based slurs.
4. Learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated in this
case. It is further submitted that there is no specific allegation
against the appellant and the allegations are general and
omnibus in nature. It is also submitted that there is no allegation
of intentional insult or intimidation with intent to humiliate the
informant in any place within public view so as to attract the
provisions of the SC/ST Act. It is further submitted that the
appellant is in custody since 11.11.2025 and has no criminal
antecedent.
5. Learned Special Public Prosecutor for the State and
learned counsel for the informant have opposed the prayer for
bail.
6. Having considered the submissions of the parties
and on perusal of the materials available on record, it appears
that the allegations against the appellant are general and
omnibus in nature and no specific overt act has been attributed
to him. Further, the essential ingredients to attract the provisions
Patna High Court CR. APP (SJ) No.385 of 2026(4) dt.23-04-2026
3/3
of the SC/ST Act prima facie do not appear to be made out
against the appellant.
7. Accordingly, the impugned order dated 18.12.2025
passed by the learned District and Additional Sessions Judge-I-
cum-Special Judge, SC/ST Act, Buxar in connection with
Brahm P.S. Case No. 161 of 2025 is set aside and the appeal is
allowed.
8. Let 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 below where the case is pending/successor
Court in connection with Brahm P.S. Case No. 161 of 2025.
9. It is made clear that the observations made herein
are prima facie in nature and confined only to the adjudication
of the present appeal for bail and shall not be construed as an
expression on the merits of the case.
(Sandeep Kumar, J)
Shishir/-
U T
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