Patna High Court
Laldev PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The court held that the essential ingredient of a public‑place insult/intimidation under the SC/ST Act was absent, and therefore anticipatory bail was warranted.
Summary
The appellants, Laldev Prasad and his son Santosh Kumar, were charged under several provisions of the Bhartiya Nyay Sanhita, 2023 and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly abusing a money‑demanding informant at the door of their house. The key issue was whether the alleged insult and intimidation occurred in a public place, a requisite ingredient for the SC/ST Act to apply. The trial judge had refused anticipatory bail, prompting an appeal under Section 14(A)(2) of the SC/ST Act. The High Court examined the FIR and held that it did not disclose that the incident took place in public view, and therefore the SC/ST Act was not attracted. Consequently, the court set aside the lower‑court order and granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nyay Sanhita. The decision underscores the necessity of the public‑place element for offences under the SC/ST Act.
Issues considered
- Whether the alleged insult or intimidation under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act is attracted when the incident occurred at the door of a private residence.
- Whether anticipatory bail can be granted in view of the alleged offences under the Bhartiya Nyay Sanhita, 2023.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 303(2), 316(2), 318(4), 3(5), 351(2), 352, 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14(A)(2), 3(1)(r), 3(1)(s)
Subjects
- SC/ST Act
- anticipatory bail
- public place requirement
- insult and intimidation
- Bhartiya Nyay Sanhita
- criminal procedure
- scheduled caste
- scheduled tribe
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4509 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- KADIRGANJ District- Patna
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1. Laldev Prasad Son of Late Dwarika Prasad Resident of Village- Giraparta
Bigha (Nirparta Bigha), P.S.- Kadirganj, District- Patna
2. Santosh Kumar son of Laldev Prasad Resident of Village- Giraparta Bigha
(Nirparta Bigha), P.S.- Kadirganj, District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Arun Paswan son of Late Ramashary Paswan Resident of Village- Giraparta
Bigha , P.S.- Kadirganj, District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satish Chandra, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 16-04-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor for the State.
2. This is an appeal under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities and Amendment) Act, 2016 against the refusal of
prayer for anticipatory bail dated 17.09.2025 passed by the
learned Exclusive Special Judge, SC/ST Act, Civil Court
(Sadar), Patna, in connection with Kadirganj Police Station Case
No.117 of 2025, registered under Sections 352/115(2)/303(2) /
126(2) /316(2) /318(4)/351(2)/3(5) of the Bhartiya Nyay
Sanhita, 2023 and under Sections 3(1)(r)(s) of the Scheduled
Patna High Court CR. APP (SJ) No.4509 of 2025(3) dt.16-04-2026
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Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989.
3. As per the FIR as alleged by the informant that
informant reached at the house of the accused persons and
started demanding money. In response thereof, the accused
persons have abused in the name of caste and threatened that
how you dare to demand money from him.
4. Learned Counsel for the appellants submits that
appellants are innocent and have committed no offence as
alleged. Counsel submits that the allegations made in the BNS
are not constituted and whatever are constituted are bailable.
Counsel submits that the allegation of Section 3(1)(r)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been added. He submits that
ingredient of those sections are not there in the FIR as in both
sections the said intentional insult or intimidation or abuse has
to be made in any place within public view. Counsel submits
that it is the informant, who reached at the house of the
appellants, and in response, the appellants alleged to have made
insult and abuse. Therefore, he submits that ingredients of
SC/ST Act are not attracted.
5. Learned Counsel for respondent No.2, on the
Patna High Court CR. APP (SJ) No.4509 of 2025(3) dt.16-04-2026
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other hand, vehemently opposes the prayer for bail and submits
that the abuse has been made at the door, as mentioned in the
FIR. It is not inside the door, therefore, Counsel for respondent
No.2 submits that at the door means and construe the public
place and anticipatory bail be rejected.
6. Learned Special Public Prosecutor for the State,
on the other hand, submits that allegation is there but he submits
that the occurrence took place at the door of the petitioner and it
is nowhere mentioned in the FIR that whether the door situated
in a Mohalla or in a lonely place and from the contents of the
FIR there are doubt.
7. In the light of the submissions made by the
parties, it transpires to this Court that the basic ingredients for
attraction of SC/ST Act is that intentional insult or intimidation
or abuse has to be taken place within public view, which is
lacking in the FIR.
8. As such, let the appellants, above named, be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of 4 weeks from
today, on furnishing bail bond of Rs.30,000/- (Thirty Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Exclusive Special Judge, SC/ST Act, Civil Court
Patna High Court CR. APP (SJ) No.4509 of 2025(3) dt.16-04-2026
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(Sadar), Patna, in connection with Kadirganj Police Station
Case No.117 of 2025 subject to the conditions as laid down U/s
482(2) of the B.N.S.S., 2023.
9. Accordingly, the order dated 17.09.2025 passed
by learned Exclusive Special Judge, SC/ST Act, Civil Court
(Sadar), Patna, in Anticipatory Bail Petition No. 3730 of 2025,
arising out of Kadirganj P.S. Case No.117 of 2025, is hereby set
aside and the present anticipatory bail application stands
allowed.
(Dr. Anshuman, J)
Mkr./-
U T
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