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Patna High Court

Pritam GiriversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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