Patna High Court
Raushan Kumar @ Raushan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting bail subject to conditions.
Summary
The appellants, Raushan Kumar and his wife Priyanka Kumari, were charged under several sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting a woman and her daughter with a lathi and stealing Rs 20,000. The trial court rejected their application for anticipatory bail. The appellants argued that they have a clean antecedent, no medical injury report exists, and the alleged offence did not occur in a public place, thus the SC/ST Act should not apply. The prosecution contended that the appellants were actively involved in the incident. The Patna High Court, after considering the facts and the clean record of the accused, granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, invoking Section 482(2) of the Criminal Procedure Code, and set aside the trial court’s order.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act in view of the alleged assault and theft.
- Whether the alleged incident falls within the ambit of the SC/ST Act given the claim that it did not occur in a public place.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 110, 115, 126(2), 303(2), 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- theft
- caste based violence
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4708 of 2024
Arising Out of PS. Case No.-250 Year-2024 Thana- ATRI District- Gaya
======================================================
1. Raushan Kumar @ Raushan Yadav Son of Rajendra Yadav Village- Teusi
Ps- Atri Dist- Gaya
2. Priyanka Kumari W/o- Raushan Kumar @ Raushan Yadav Village- Teusi Ps-
Atri Dist- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Kosma Devi W/o- Ramnandan Paswan Village- Teusi Ps- Atri Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aryan Singh, Advocate
For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 12-02-2026 Heard learned counsel for the appellants and
learned Special Public Prosecutor appearing for the State.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
22.08.2024 passed by learned Exclusive Special Judge, SC/ST
Act, Gaya, in A.B.P. No. 262 of 2024 arising out of Atri P.S.
Case No. 250 of 2024 registered under Sections 126(2), 115,
303(2), 110, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sahita
and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, whereby the prayer for
grant of anticipatory bail of the appellants has been rejected.
Patna High Court CR. APP (SJ) No.4708 of 2024(3) dt.12-02-2026
2/3
3. As per the prosecution case, on 10.07.2024 at
about 05:00 PM, a scuffle took place between children due to
previous dispute, the appellants and the co-accused persons
abused and assaulted the informant, the appellant No.1
(Raushan Kumar) assaulted her daughter, namely, Sulekha
Kumari on forehead by means of lathi due to which she got
injured and blood started oozing out. It is further alleged that the
appellant No.1 (Raushan Kumar) took away cash of Rs 20,000/-
from the box of the informant and threatened not to lodge a case
otherwise they would kill her family.
4. Learned counsel for the appellants submits that
the appellants, who are of clean antecedent, are innocent and
have not committed any offence. He further submits that
although there is specific allegation of assault in the F.I.R.
against the appellants, but no injury report is available on record
to substantiate the allegation. As regards allegation of abuse
with the caste name attracting the rigours of SC & ST Act is
concerned, it is further submitted that the place of occurrence is
alleged to be a public place, but it is not alleged that any public
was present so as to attract the provisions of SC/ST Act. Hence,
the impugned order may be set aside and the appellants may be
granted the privilege of anticipatory bail.
Patna High Court CR. APP (SJ) No.4708 of 2024(3) dt.12-02-2026
3/3
5. Learned Special Public Prosecutor for the State
has vehemently opposed the prayer for grant of anticipatory bail
to the appellants and submitted that the appellants are actively
involved in the present occurrence.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellants bear clean
antecedent, let the above named appellants, in the event of their
arrest/surrender within a period of six weeks, be released on 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 Exclusive Special Judge, SC/ST Act, Gaya, in
connection with Atri P.S. Case No. 250 of 2024 subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
7. Accordingly, this appeal is allowed and the
impugned order dated 22.08.2024 rejecting the prayer for grant
of anticipatory bail to the appellants is set aside.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…