Patna High Court
Sri Awadh Kishore Prasad Bidyarthi Jee @ Bidyarthi JeeversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The appellate court set aside the refusal of anticipatory bail and granted it to the appellant subject to conditions under Section 438(2) of the CrPC.
Summary
The appellant, Awadh Kishore Prasad Bidyarthi, was charged under several provisions of the Bihar Negotiable Instruments Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing and threatening a depositor on caste grounds. He applied for anticipatory bail, which was denied by the Special Judge, prompting an appeal under Section 14(A)(2) of the CrPC. The High Court examined the FIR and noted the lack of specific allegations against the appellant, the absence of any public witness, and the fact that a co‑accused had already been granted anticipatory bail. Considering these factors, the Court held that the appellant could be released on anticipatory bail subject to a bail bond and sureties, and ordered him to surrender within thirty days if arrested. Consequently, the lower court's order 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 view of the allegations under the SC/ST Act.
- Whether the FIR contains sufficient specific allegations to justify denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 115(2), 126(2), 316(2), 318(4), 336(3), 338, 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- Section 438 CrPC
- SC/ST Act
- caste based abuse
- bail conditions
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4210 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- SC/ST District- Bhojpur
======================================================
Sri Awadh Kishore Prasad Bidyarthi Jee @ Bidyarthi Jee S/o Late Dhruv
Narayan Prasad Resident of Village- Nehru Nagar, Shiv Ganj, Police Station-
Arrah Nawada, Distt.- Bhojpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Birendra Ram S/o Lal Babu Ram R/o Club Road (BDO Block), Besides of
Parvati Chandra Hotel, Orthopaedic Clinic, P.s.- Nawada, Arrah, Distt.-
Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar Singh, Adv
For the State : Mrs. Usha Kumari No.1, Spl. P.P.
For Res. No. 2 : Ms. Bhawna Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State, and learned counsel Ms.
Bhawna Jha, who has suo moto appeared on behalf of 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
18.07.2025 passed by the learned Court of 1 st Additional
Sessions Judge cum Special Judge, SC/ST Act, Bhojpur, Ara in
connection with SC/ST (K) P.S. Case No. 08 of 2025 registered
under Sections 126(2), 115(2), 351(2), 352, 316(2), 318(4), 338,
336(3), 3(5) of BNS and Sections 3(1)(r)(s) of the Scheduled
Castes and Scheduled Tribes Act.
Patna High Court CR. APP (SJ) No.4210 of 2025(3) dt.23-02-2026
2/3
3. The allegation in the F.I.R. is that the informant, his
son and daughter had opened a small savings account in Central
Cooperative Bank, Ara and deposited total Rs. 49,30,000/-in 16
months and 05 days through the appellant-Awadh Kishore
Prasad @ Vidyarthi Ji, who was agent in the bank and when the
informant went to withdraw money from his account, all the
accused persons, named in the F.I.R., abused informant by caste
name, threatened him to implicate in a false case and also
threatened to kill him.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in the case due to ulterior
motive and enmity. The appellant is innocent and has committed
no offence. There is no specific allegation against the appellant
rather general and omnibus allegation levelled against the
appellant. He further submits that the appellant has no criminal
antecedent.
5. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for anticipatory bail of the
appellant based upon the allegation made in the F.I.R.
6. From the reading of the allegations levelled in the
FIR, it does not appear that at the time of alleged occurrence,
any public was present. Further, there is no allegation of the
Patna High Court CR. APP (SJ) No.4210 of 2025(3) dt.23-02-2026
3/3
nature of abuse that was allegedly hurdled by the appellant,
except that general allegation has been made of hurling abuse on
caste lines.
7. Considering all these aspects of the matter and also
that co-accused Mr. Sarthak Kumar has already been granted
anticipatory bail vide order dated 18.09.2025 passed in Cr.
Appeal (SJ) No. 2588 of 2025, let the appellant, above named,
in the event 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 Court of Additional District
and Session Judge-1st-cum-Special Judge, SC/ST Act, Bhojpur,
Ara in connection with SC/ST (K) P.S. Case No. 08 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Alok Kumar Sinha, J)
kiran/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.