Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to the appellant subject to conditions under Sections 438(2) CrPC and 482(2) B.N.S.S.
Summary
The appellant Rajeev Kumar was charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly threatening a farmer over a land dispute, including using caste-based insults. The trial court denied his prayer for anticipatory bail. The appellant appealed under Section 14A(2) of the SC/ST Act, contending that the alleged acts were not committed in a public place, that the case stemmed from a private land dispute, and that he had a clean antecedent. The State and the second respondent opposed bail, arguing that the appellant was obstructing possession of the land. The Patna High Court, after considering the facts and the appellant's clean record, held that bail could be granted on condition of surrender within six weeks and a bond of Rs.10,000 with two sureties, invoking Sections 438(2) CrPC and 482(2) B.N.S.S. Consequently, the order rejecting anticipatory bail was set aside and the appeal was allowed.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 438 of the CrPC in a case involving alleged SC/ST atrocities.
- Whether the alleged caste-based abuse and threats constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether the nature of the alleged incident (private land dispute) precludes the application of the SC/ST Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- land dispute
- caste harassment
- Criminal Procedure Code
- bail conditions
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4164 of 2024
Arising Out of PS. Case No.-10 Year-2024 Thana- JAGDISHPUR District- Bhagalpur
======================================================
Rajeev Kumar Son of Upendra Mandal R/O-Village-Vidhyanandi, PS-
Jagdishpur, Distt.- Bhagalpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Muneshwar Mandal Son of Late Rupchan Mandal Resident of Village-
Ghoraha, P.S.- Goradiah, Distt.- Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajive Ranjan Singh, Advocate
For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 04-02-2026 Heard learned counsel for the appellant, 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
06.08.2024 passed by learned Additional District & Session
Judge-3rd-cum-Special Judge (SC/ST Act), Bhagalpur in A.B.P.
No. 1729 of 2024 in connection with Jagdishpur (Goradiah),
P.S. Case No. 10 of 2024 registered under Sections 341, 323,
504, 506 and 34 of the Indian Penal Code read with Section 3(1)
(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.4164 of 2024(5) dt.04-02-2026
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Atrocities) Act, 1989, whereby the prayer for grant of
anticipatory bail of the appellant has been rejected.
3. As per the prosecution case, the informant
alleged that on 23.11.2023 at about 10:00 AM, the appellant
came and introduced himself and said that he has bought this
land which you are farming, you should vacate it now otherwise
he will burn your crop and destroy it in two days. When the
informant ask him who has sold it to you, then the appellant
started abusing the informant by taking his caste name. On
being opposed, the appellant slapped and threatened to vacate
the field and not to harvest the crop, else he will be eliminated
and cremated with the crops. When he raised hulla to call the
people from neighbourhood, then the person, who was
accompanying him and was on the motorcycle, said that let us
flee away else the people will come. Thereafter, both of them
fled away on the motorcycle.
4. Learned counsel appearing for the appellant
submits that the appellant, who bears clean antecedent, is
innocent and has not committed the offence alleged. As regards
the allegation of abuse with the caste name attracting the rigours
of SC & ST Act is concerned, learned counsel for the appellant
submits that in the backdrop of serious land dispute, the
Patna High Court CR. APP (SJ) No.4164 of 2024(5) dt.04-02-2026
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appellant has been falsely implicated in this case. He further
submits that the offences of Indian Penal Code are bailable and
with regard to offences under the SC/ST Act, the same is not
made out as the same was not made in a public place within a
public view. From perusal of the FIR, it appears that serious
land dispute was pending between the parties and there is
considerable delay in lodging the present FIR. 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
as well as learned counsel for the respondent No.2 have
vehemently opposed the prayer for grant of anticipatory bail to
the appellant and has stated that the appellant is creating
hindrance in his possession over the land in question.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellant bears clean
antecedent, let the above named appellant, in the event of his
arrest/surrender within a period of six weeks, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
learned Additional District & Session Judge-3rd-cum-Special
Judge (SC/ST Act), Bhagalpur, in connection with Jagdishpur
Patna High Court CR. APP (SJ) No.4164 of 2024(5) dt.04-02-2026
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(Goradiah), P.S. Case No. 10 of 2024 subject to the conditions
laid down under Section 482(2) of the B.N.S.S/Section 438(2)
of the Cr.P.C.
7. Accordingly, the impugned order dated 06.08.2024
rejecting the prayer for grant of anticipatory bail to the appellant
is set aside.
8. This appeal is allowed.
(Praveen Kumar, J)
shivam/-
U T
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