Patna High Court
Pritam GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and anticipatory bail is granted to the appellants subject to conditions.
Summary
The appellants, four members of the Giri family, appealed against a Special Judge's refusal to grant anticipatory bail in a case registered under several IPC offences (sections 341, 323, 504, 506, 34) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (section 3(i)(r)). They argued that they have clean antecedents, that the allegations of caste‑based abuse and assault on the informant were vague, uncorroborated and occurred inside the informant's house, and that the assault claim was exaggerated with no injury report. The informant, having reached a compromise with the appellants, instructed his counsel not to oppose the appeal. The Patna High Court, after considering these submissions, set aside the trial court's order refusing bail and granted anticipatory bail subject to a Rs. 5,000 bond and two sureties, invoking its powers under Section 482(2) of the CrPC. Consequently, the appeal was allowed.
Issues considered
- What is the appropriateness of refusing anticipatory bail in a case involving alleged SC/ST offences and IPC offences given the factual matrix?
- Whether the allegations of caste‑based abuse and assault are sufficient to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i)(r)
Subjects
- anticipatory bail
- SC/ST Act
- caste abuse
- false implication
- IPC offences
- bail conditions
- compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.44 of 2025
Arising Out of PS. Case No.-455 Year-2017 Thana- GHORASAHAN District- East
Champaran
======================================================
1. Pritam Giri S/O Late Bihari Giri Resident of village Baidhanathpur , P.S.-
Jharokhar, District- East Champaran
2. Rishi Giri Son of Late Bihari Giri Resident of village Baidhanathpur , P.S.-
Jharokhar, District- East Champaran
3. Laxmi Devi @ Sushila Devi Wife of Gautam Giri Resident of village
Baidhanathpur , P.S.- Jharokhar, District- East Champaran
4. Kunti Devi Wife of Pritam Giri Resident of village Baidhanathpur , P.S.-
Jharokhar, District- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Ravishankar Paswan Son of- Late Jawahir Paswan Resident of Village-
Baijnathpur, Ward No.- 09, P.S.- Jharokhar, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Singh
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 28-04-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State, Mr. Binay Krishna and the learned counsel
appearing on behalf of the informant.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the
refusal of prayer for anticipatory bail vide order dated 26.10.2024
in A.B.P. No. 4533 of 2024 passed by the learned Special Judge
S.C./S.T. (POA) Act, East Chamaparan at Motihari in connection
Patna High Court CR. APP (SJ) No.44 of 2025(5) dt.28-04-2026
2/3
with Ghorasahan (Jharokhar) P.S. Case No. 455 of 2017 registered
for the offences punishable under Sections 341, 323, 504, 506 and
34 of the Indian Penal Code as well as Sections 3(i)(r) of the
SC/ST Act.
3. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and appellant nos. 3
and 4 are women and the informant alleges that on 07.09.2017 at
08:00 Pm, the appellants came and started abusing by caste name
and threatened to implicate them in a case under Section 307 IPC
and Laxman assaulted on his private part.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the allegation
as alleged in the FIR, it would manifest that the occurrence took
place at the house of the informant, hence, was not in public view
and as far as allegation of abuse is alleged, the same is general and
omnibus in nature. It is also submitted that it does not appear
probable that all accused in one go would have abused the
informant by caste name. It is also submitted that the allegation
that Laxman assaulted the informant on his private part, is an
exaggerated allegation, as there is no injury report on record. It is
further submitted that police after investigation submitted final
form in the year 2019 and thereafter cognizance came to be taken.
Patna High Court CR. APP (SJ) No.44 of 2025(5) dt.28-04-2026
3/3
5. At this stage, the learned counsel appearing on
behalf of the informant submits that he has instruction not to
oppose the appeal, as parties have compromised.
6. In view of the submissions made by the learned
counsel for the appellants, the order dated 26.10.2024 in A.B.P.
No. 4533 of 2024 passed by the learned Special Judge S.C./S.T.
(POA) Act, East Chamaparan at Motihari in connection with
Ghorasahan (Jharokhar) P.S. Case No. 455 of 2017, is hereby set
aside and the appellants above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees
Five Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Trial Court where the case is
pending/successor court in connection with Ghorasahan
(Jharokhar) P.S. Case No. 455 of 2017 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…