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Patna High Court

Dhrub Choudhary @ Dhrub Kumar Choudhary @ Dhruv Kumar ChowdharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

No offence under the Scheduled Castes and Scheduled Tribes Act is made out, and anticipatory bail is granted.

Summary

The appellant, Dhrub Choudhary, was charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and using caste-based abusive language during a land dispute. He contended that the alleged abuse occurred inside the informant's house, not a public place, and that no intention to humiliate a Scheduled Caste member existed, citing paragraph 18 of Hitesh Verma v. State of Uttarakhand (2020) 10 SCC 710. The State opposed anticipatory bail, pointing to two prior criminal antecedents. The High Court held that the facts did not establish an offence under the SC/ST Act and, consequently, granted anticipatory bail under Section 438(2) of the CrPC with specific conditions, setting aside the lower court’s refusal. The appeal was therefore allowed.

Issues considered

  • Whether the alleged conduct constitutes an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
  • Whether anticipatory bail can be granted in view of the alleged offences and the appellant's criminal antecedents.
  • Whether the lower court's refusal to grant anticipatory bail was legally justified.

Legislation cited

Subjects

  • anticipatory bail
  • Scheduled Castes and Scheduled Tribes Act
  • caste abuse
  • land dispute
  • Criminal Procedure Code
  • IPC offences
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4002 of 2025
                     Arising Out of PS. Case No.-260 Year-2023 Thana- BANMANKHI District- Purnia
                 ======================================================
                 Dhrub Choudhary @ Dhrub Kumar Choudhary @ Dhruv Kumar Chowdhary
                 S/o Tej Narayan Chaudhary Resident of village - Lohapatti, Ward No. 08, P.S
                 - Banmankhi, District - Purnea

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Kishan Kumar Uraon S/o Late Shivanand Uraon R/o Mohalla - Hridaya
                 Nagar, Ward No. 1, P.S - Banmankhi, District - Purnea

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Radha Mohan Singh, Advocate
                 For the Respondent/s   :        Mr. Binay Krishna, Sp.PP
                 For the Respondent No.2:        Mr. Sarveshwar Tiwary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   08-05-2026                      Heard Mr. Radha Mohan Singh, learned counsel

                   for the appellant, Mr. Binay Krishna, learned Spl.P.P. for the

                   State and Mr. Mr. Sarveshwar Tiwary, learned counsel for the

                   Respondent No. 2.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for anticipatory bail by order dated

                   25.08.2025 passed by the learned District and Additional

                   Sessions     Judge-I-cum-Special           Judge,     SC/ST,      Purnea        in

                   connection with Banmankhi P.S. Case No. 260/2023, F.I.R.

                   dated 07.06.2023 registered under Sections 341, 323, 504, 506,

                   467, 468, 471 read with Section 34 of the Indian Penal Code and

                   Sections 3(1) (i) (r) (s), 3(2)(v) of the Scheduled Castes and
Patna High Court CR. APP (SJ) No.4002 of 2025(5) dt.08-05-2026
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          Scheduled Tribes Act.

                       3. According to the prosecution case, the appellant

          and the co-accused persons are alleged to have assaulted the

          informant and abused him by calling his caste name.

                       4. Learned counsel for the appellant submits that

          appellant is innocent and he has falsely been implicated in the

          present case. The co-accused persons, namely, Suman Kumar

          Choudhar and Rita Choudhary have been granted bail by this

          Hon’ble Court vide order dated 15.04.2025 passed in Cr. Appeal

          (SJ) No. 4584/2023. He further submits that it appears from the

          F.I.R. itself that due to admitted land dispute the present

          occurrence had taken place and the informant has alleged that

          the appellant has used the abusing language against the

          informant but the place of occurrence as alleged in the F.I.R. is

          in the house of the informant, so the appellant has not abused in

          the public place and hence no case is made out under SC/ST Act

          against the appellant and apart from that in view of the

          judgment in the case of Hitesh Verma Vs. The State of

          Uttarakhand & Anr., reported in (2020) 10 SCC 710,

          paragraph-18 which reads as follows:-

                                   “18. Therefore, offence under the Act is not

                                   established merely on the fact that the
Patna High Court CR. APP (SJ) No.4002 of 2025(5) dt.08-05-2026
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                                   informant is a member of Scheduled Caste

                                   unless there is an intention to humiliate a

                                   member of Scheduled Caste or Scheduled

                                   Tribe for the reason that the victim belongs

                                   to such caste. In the present case, the parties

                                   are litigating over possession of the land.

                                   The allegation of hurling of abuses is

                                   against a person who claims title over the

                                   property. If such person happens to be a

                                   Scheduled Caste, the offence under Section

                                   3(1)(r) of the Act is not made out.”

                       5. Paragraph-18 of the aforesaid judgment and in the

          background of the land dispute, no case is made out under

          SC/ST Act against the appellant.

                       6. Learned Special Public Prosecutor for the State

          have vehemently opposed the prayer for bail of the appellant

          and submits that appellant carries two more criminal antecedent

          other than the present one.

                       7. After hearing the parties, in my view for the

          purpose of this anticipatory bail, no offence under the provisions

          of Scheduled Castes and Scheduled Tribes Act is made out.

                       8. Hence, let the appellant, above named, in the event
Patna High Court CR. APP (SJ) No.4002 of 2025(5) dt.08-05-2026
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          of his arrest to surrender before the Court below within a period

          of thirty days from the date of receipt of the order, be released

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

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

          satisfaction of learned District and Additional Sessions Judge-I-

          cum-Special Judge, SC/ST, Purnea in connection with

          Banmankhi P.S. Case No. 260/2023, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure and with other following conditions:-

                       i. appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at

          any stage it is found that the appellant has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the appellant. However, the
             Patna High Court CR. APP (SJ) No.4002 of 2025(5) dt.08-05-2026
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                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.

                                    9. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.




                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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