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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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