Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
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
- Bihar Negotiable Securities Act — s. 115, 117, 126(2), 3(5), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s), 3(2)(va)
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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