Patna High Court
CHANDAN JAISWAL @ CHANDAN PRASADversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court granted anticipatory bail to the appellants, setting aside the trial court’s order denying bail.
Summary
The appellants were charged under several IPC sections and Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant and his wife, using weapons, verbally abusing them by caste name, and stripping the wife of her mangalsutra. The prosecution alleged the incident occurred on 7 February 2023 while the informant was repairing a hut, and the appellants intervened with lathis and other weapons. The appellants contended they were merely protesting an alleged illegal hut construction to usurp their land, denied any assault, and argued there was no injury report to substantiate the charges. The trial court rejected their anticipatory bail application, prompting this appeal. The High Court, after considering the submissions, ordered that the appellants be released on bail upon surrender within eight weeks, subject to bail bonds and sureties, thereby setting aside the lower court’s order.
Issues considered
- Whether the appellants are entitled to anticipatory bail under the provisions of the Criminal Procedure Code.
- Whether the facts alleged constitute offences under the cited IPC sections and the SC/ST (Prevention of Atrocities) Act.
- Whether the prosecution has produced sufficient evidence, such as injury reports, to justify denial of bail.
Legislation cited
- Indian Penal Code — s. 323, 325, 34, 341, 354B, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- Indian Penal Code
- criminal appeal
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4599 of 2023
Arising Out of PS. Case No.-35 Year-2023 Thana- CHOUTARWA District- West Champaran
======================================================
1. Chandan Jaiswal @ Chandan Prasad Son of Anirudh Jaiswal R/o vill -
Chautarwa, P.S. - Chautarwa, Distt. - West Champaran
2. Kundan Jaiswal @ Ashish Prasad @ Kundan Kumar Son of Anirudh Jaiswal
R/o vill - Chautarwa, P.S. - Chautarwa, Distt. - West Champaran
3. Anirudh Prasad Son of Late Vishwanath Prasad R/o vill - Chautarwa, P.S. -
Chautarwa, Distt. - West Champaran
4. Rameshwar Prasad Son of Late Vishwanath Prasad R/o vill - Chautarwa,
P.S. - Chautarwa, Distt. - West Champaran
5. Gulab Prasad Son of Late Vishwanath Prasad R/o vill - Chautarwa, P.S. -
Chautarwa, Distt. - West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramu Ram Son of Late Durga Ram R/o vill - Chautarwa, P.S. - Chautarwa,
Distt. - West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Brij Kishor Mishra, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
For the R.No. 2 : Mr. Vijay Kumar Singh No. 1, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 19-03-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
26.07.2023 passed by learned Additional District & Sessions
Judge 1st-cum-Special Judge, SC/ST, Bettiah, West Champaran
in ABP No. 1828 of 2023 arising out of Chautarwa P.S. Case
No. 35 of 2023 registered under Sections 341, 323, 504, 506,
325, 354B, 379/34 of the Indian Penal Code and Section 3(1)(r)
Patna High Court CR. APP (SJ) No.4599 of 2023(5) dt.19-03-2026
2/3
(s) of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
appellants has been rejected.
3. Prosecution case, in brief, is that on 7.2.2023 at
about 11:45 am, when informant was repairing his hut, these
appellants, armed with lathi, danda, farsa, rod, came there and
obstructed the repairing work and abused informant by caste
name. Upon protest, these appellants brutally assaulted him and
when his wife came to save him, she was also assaulted and
disrobed. It is further alleged that they also snatched
Mangalsutra from the neck of the wife of informant.
4. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. As a
matter of fact, informant and others, in order to grab the land of
appellants, were constructing hut which was protested by the
appellants which led to an altercation. Allegation of assault is
general and omnibus and there is no injury report on record to
substantiate the allegation. It is not the case of informant that
any member of public was present when the incident occurred as
such, no case under SC/ST Act is made out against appellants.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
Patna High Court CR. APP (SJ) No.4599 of 2023(5) dt.19-03-2026
3/3
the bail application.
6. Considering the aforesaid facts, let the appellants,
as named above, in the event of their arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Additional District & Sessions Judge 1st-cum-Special
Judge, SC/ST, Bettiah, West Champaran in ABP No. 1828 of
2023 arising out of Chautarwa P.S. Case No. 35 of 2023.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 26.07.2023 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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