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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that no prima facie case under the SC/ST Act was made out, and therefore the appellants were entitled to anticipatory bail.

Summary

The appellants, accused of caste‑based assault under the SC/ST Act, appealed against the lower court's refusal to grant anticipatory bail. The FIR alleged that the accused had humiliated and assaulted the complainant and others on caste grounds. The appellants contended they were falsely implicated and had no criminal record. The Special Public Prosecutor opposed bail, relying on the FIR allegations. The High Court observed that the FIR contained vague, omnibus accusations without specific details or proof of a public offence, and therefore no prima facie case under the SC/ST Act existed. Consequently, the court set aside the lower court’s order and granted anticipatory bail subject to standard conditions under Section 438(2) of the CrPC.

Issues considered

  • Whether the allegations in the FIR constitute a prima facie offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Whether anticipatory bail can be granted in the absence of a prima facie case.
  • Whether the lower court erred in refusing anticipatory bail under Section 438 of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • prima facie case
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4216 of 2025
                    Arising Out of PS. Case No.-227 Year-2025 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Ravi Kumar S/o- Bindeshwar Mahato R/v- Kiratpur Rajaram Ps-
                  Bhagwanpur Dist- Vaishali
           2.    Sonu Kumar S/o- Bindeshwar Mahato R/v- Kiratpur Rajaram Ps-
                 Bhagwanpur Dist- Vaishali
           3.    Kanchan Kumari W/o- Sonu Kumar R/v- Kiratpur Rajaram Ps- Bhagwanpur
                 Dist- Vaishali
           4.    Bindeshwar Mahto S/o- Sagar Mahto R/v- Kiratpur Rajaram Ps-
                 Bhagwanpur Dist- Vaishali
           5.    Putani Devi W/o- Bindeshwar Mahto R/v- Kiratpur Rajaram Ps-
                 Bhagwanpur Dist- Vaishali
                                                               ... ... Appellant/s
                                            Versus
           1.    The State of Bihar
           2.     Kaushalaya Devi W/o- Rajendra Ram R/v- Kiratpur Rajaram Ps-
                  Bhagwanpur Dist- Vaishali
                                                              ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Pranav Kumar, Adv
                                                  Mr. Rajeev Ranjan No. II, Adv
                                                  Mrs. Priyanka Kumari, Adv
                 For the Respondent/s    :        Ms. Usha Kumari 1, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER
3   23-02-2026                    Heard learned counsel for the appellants and learned

                   Special Public Prosecutor for the State.

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

                   SC/ST Act, 1989 against refusal of the prayer for anticipatory

                   bail by order dated 18.09.2025 passed by the learned Court of

                   Exclusive Special Judge-SC/ST Act cum District and Addl.

                   Sessions Judge, Vaishali at Hajipur in connection with

                   Bhagwanpur P.S. Case No. 227 of 2025 registered under

                   Sections 126(2), 115, 352, 351(2), 74, 117, 3(5) of B.N.S. &
Patna High Court CR. APP (SJ) No.4216 of 2025(3) dt.23-02-2026
                                             2/3




          Sections 3(1)(r)(s), 3(2)(va) of SC/ST Act. of the Scheduled

          Castes and Scheduled Tribes Act.

                       3. The allegation in the F.I.R. as per the informant

          Kaushalaya Devi is that on 01.08.2025, when the informant was

          going, in the meantime, F.I.R. named accused persons

          surrounded her and abused in the name of caste and caught her

          hair lock and put in mud and tore her blouse causing her naked

          and assaulted her by means of lathi, brick due to which her left

          hand broked. On hulla, Manju Devi, Uma Devi came to rescue

          then all the accused persons also assaulted them and put on

          earth, tore their cloth and abused them in their caste name.

                       4. Learned counsel for the appellants submits that the

          appellants are innocent and have committed no offence. The

          appellants have falsely been implicated in the present case.

          There is no such occurrence has been taken place at the place of

          occurrence. He further submits that there is case and counter

          case between the parties. He further submits that the appellants

          have no criminal antecedent.

                       5. Learned Special Public Prosecutor for the State has

          vehemently opposed the prayer for anticipatory bail of the

          appellants based upon the allegation made in the F.I.R.

                       6. On a perusal of the allegations levelled in the FIR,
            Patna High Court CR. APP (SJ) No.4216 of 2025(3) dt.23-02-2026
                                                         3/3




                      it transpires that there is a general and omnibus allegation

                      levelled on the appellants of hurling abuse on caste lines without

                      specifying as to the exact nature of the abuses also it transpires

                      that it has nowhere been alleged that the incident occurred in

                      full flare at public place, therefore, prima facie no case of

                      SC/ST Act is made out.

                                   7. Considering all these above-mentioned aspects, let

                      the appellants, above named, in the event of their 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) each

                      with two sureties of the like amount each to the satisfaction of

                      learned Court of Exclusive Special Judge-SC/ST Act cum

                      District and Addl. Sessions Judge, Vaishali at Hajipur in

                      connection with          Bhagwanpur P.S. Case No. 227 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


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