Patna High Court
Amrish Kumar @ Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting bail subject to conditions.
Summary
Amrish Kumar and Arun Kumar were accused of assault, robbery and caste‑based abuse under several IPC provisions and the SC/ST (Prevention of Atrocities) Act for an incident on 03‑05‑2024 at the informant's residence. The Special Judge rejected their application for anticipatory bail, prompting an appeal under Section 14A(2) of the SC/ST Act. The appellants contended they have a clean antecedent, that the FIR contains only vague, omnibus allegations, and that the alleged injury was simple and not a caste‑based atrocity. The prosecution opposed bail, asserting the appellants' active participation in the offence. Considering the clean antecedent and the lack of specific evidence of caste‑based abuse, the High Court allowed the appeal, set aside the order denying anticipatory bail, and granted bail subject to conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in view of the alleged offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 323, 341, 342, 354, 379, 447, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- robbery
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4019 of 2024
Arising Out of PS. Case No.-408 Year-2024 Thana- BIHTA District- Patna
======================================================
1. Amrish Kumar @ Sumit Kumar Son of Arun Kumar @ Arun Singh Resident
of Village- Painal, P.S.- Bihta, Distt.- Patna
2. Arun Kumar @ Arun Singh Son of Late Murari Singh Resident of Village-
Painal, P.S.- Bihta, Distt.- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Indrapari Devi Wife of Ramesh Paswan Resident of Village- Painal, P.S.-
Bihta, Distt.- Patna, Mobile No. -9199101912
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mr. Ramakant Sharma, Sr. Advocate
Mr. Adarsh Pramar, Advocate
Mr. Rahul Singh, Advocate
Mr. Mayank Raj, Advocate
Mr. Rakesh Kumar Sharma, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
For the Informant : Mr. Jeetendra Narayan, Advocate
Mr. Ashwani Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 12-02-2026 Heard learned counsel for the appellants, learned
counsel for the respondent No.2 and learned Special Public
Prosecutor appearing for the State.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
05.08.2024, in A.B.P. No. 2996 of 2024 passed by learned
Exclusive Special Judge, SC/ST Act, Patna, in connection with
Bihta P.S. Case No. 408 of 2024 dated 04.05.2024 registered
Patna High Court CR. APP (SJ) No.4019 of 2024(4) dt.12-02-2026
2/3
under Sections 147, 148, 149, 341, 342, 323, 447, 379, 354, 506
and 504 of the Indian Penal Code and Sections 3(1)(r)(s)(w) and
3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989, whereby the prayer for grant of
anticipatory bail of the appellants has been rejected.
3. As per the prosecution case, on 03.05.2024, the
appellants along with co-accused persons entered the house of
the informant and started abusing by taking caste name and
assaulted the informant and her family members by means of
danda, as a result of which the grandson of the informant
sustained fracture in his hand. It is further alleged that all the
accused persons snatched Rs. 38,000/- and gold ornaments. It is
also alleged that the other accused persons thrashed the grand-
daughters of the informant and pointed country made pistol
towards them.
4. Learned counsel for the appellants submits that
the appellants, who are of clean antecedent, are innocent and
have not committed any offence. He further submits that it
appears from the F.I.R. itself that there is general and omnibus
allegation against both the appellants. It is also submitted that
there is a case and counter case between the parties. As per the
injury report, the injury sustained by the injured is simple in
nature caused by hard and blunt substance. As regards allegation
Patna High Court CR. APP (SJ) No.4019 of 2024(4) dt.12-02-2026
3/3
of abuse with the caste name attracting the rigours of SC & ST
Act is concerned, the same is not made out. Hence, the
impugned order may be set aside and the appellants may be
granted the privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
has vehemently opposed the prayer for grant of anticipatory bail
to the appellants and submitted that the appellants are actively
involved in the present occurrence.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellants bear clean
antecedent, let the above named appellants, in the event of their
arrest/surrender within a period of six weeks, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, SC/ST Act, Patna, in
connection with Bihta P.S. Case No. 408 of 2024 subject to the
conditions laid down under Section 438(2) of the Cr.P.C..
7. Accordingly, this appeal is allowed and the
impugned order dated 05.08.2024 rejecting the prayer for grant
of anticipatory bail to the appellants is set aside.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…