Patna High Court
Vishwanath Chaudhary @ Vishwanath ChaudhariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted subject to conditions.
Summary
The appellants, members of the Chaudhary family, appealed against the order of the Special Judge that denied them anticipatory bail in a case involving alleged caste-based assault, lathi beating, and theft under multiple IPC sections and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the appellants entered the informant's house, abused her with caste slurs, physically assaulted her, and stole mobile phones. The appellants contended they have a clean antecedent, that the alleged abuse was not in a public place, and that the offences were ornamental, thus warranting bail. The High Court, after considering the facts and the clean record of the accused, held that bail could be granted subject to surrender within six weeks and a bond of Rs.10,000 with two sureties, under Section 438(2) of the CrPC. Consequently, the appeal was allowed and the order rejecting anticipatory bail was set aside.
Issues considered
- The appropriateness of granting anticipatory bail to the appellants under Section 438 CrPC in view of the allegations under the SC/ST (Prevention of Atrocities) Act and various IPC offences.
- Whether the alleged caste-based abuse occurred in a public place, affecting the applicability of the SC/ST Act provisions.
- Whether the nature and seriousness of the offences under IPC sections 379, 380, and 354 justify denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 323, 341, 354, 379, 380, 447, 448, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(w)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- theft
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4034 of 2024
Arising Out of PS. Case No.-126 Year-2024 Thana- BAIRIYA District- West Champaran
======================================================
1. Vishwanath Chaudhary @ Vishwanath Chaudhari S/o Late Vikram
Chaudhary Resident of village- Fatuchhapar, P.S.- Bairiya, District- West
Champaran
2. Urmila Devi @ Urmila Chaudhary W/o Sri Vishwanath Chaudhary Resident
of village- Fatuchhapar, P.S.- Bairiya, District- West Champaran
3. Gopi Kumar @ Gopi Chaudhary S/o Sri Vishwanath Chaudhary Resident of
village- Fatuchhapar, P.S.- Bairiya, District- West Champaran
4. Sunita Devi D/o Sri Vishwanath Chaudhary Resident of village-
Fatuchhapar, P.S.- Bairiya, District- West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Sona Devi W/o Sri Omprakash Sah Resident of village- Fatuchhapar, P.S.-
Bairiya, District- West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sharad Kumar Verma, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
For the Informant : Mr. Sanjeev Kumar Shrivastava, 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
29.07.2024 passed by learned 1st Additional Sessions Judge-
cum-Special Judge, SC/ST Act, Bettiah, West Champaran, in
Patna High Court CR. APP (SJ) No.4034 of 2024(4) dt.12-02-2026
2/4
A.B.P. No. 1587 of 2024 arising out of Bairiya P.S. Case No.
126 of 2024 dated 13.04.2024 registered under Sections 147,
341, 323, 379, 380, 447, 448, 354 and 504 of the Indian Penal
Code and Section 3(1)(r)(w) 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, the informant
alleged that the appellants and other co-accused persons came at
the door of the informant and started abusing by taking caste
name. Thereafter, when the informant opened the door, the
appellant No.1 (Vishwanath Chaudhary) caught, disrobed and
thrashed her on the ground and started assaulting her by means
of lathi and danda. It is further alleged that the appellant no.3
(Gopi Kumar) snatched the mobile phones of the informant’s
son and sister-in-law (gotini).
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 all the appellants. It is also submitted that as
regards the allegation of abuse by caste name is concerned, it
does not appear to be in a public place as none of the persons
Patna High Court CR. APP (SJ) No.4034 of 2024(4) dt.12-02-2026
3/4
have been disclosed before whom the alleged abuse was made
as the alleged occurrence took place inside the house. The
offences relating to under Section 380 and 379 of the IPC
appears to be ornamental in nature, no ingredients of Section
354 is 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 1st Additional Sessions Judge-cum-Special Judge, SC/ST
Act, Bettiah, West Champaran, in connection with Bairiya P.S.
Case No. 126 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
Patna High Court CR. APP (SJ) No.4034 of 2024(4) dt.12-02-2026
4/4
impugned order dated 29.07.2024 rejecting the prayer for grant
of anticipatory bail to the appellants is set aside.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…