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Patna High Court

Hare Ram ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that the alleged conduct does not fall within the ambit of the SC/ST Act and therefore granted anticipatory bail to the appellants subject to the conditions of Section 438(2) CrPC.

Summary

The appellants, Hare Ram Chaudhary and Ravindra Sah, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 341 and 323 of the IPC for allegedly assaulting an informant and using caste-based abusive language on 28 June 2024. They applied for anticipatory bail, which was rejected by the Additional District Judge. The appellants argued that the FIR was lodged seven days after the incident, that the alleged abuse was not made in a public place, and that the conduct did not fall within the scope of the SC/ST Act. The High Court, noting the appellants' clean antecedent and the nature of the allegation, held that the offence did not attract the SC/ST Act and that anticipatory bail could be granted subject to conditions under Section 438(2) of the CrPC. Consequently, the appeal was allowed and the order rejecting anticipatory bail was set aside, with bail granted on a bond of Rs.10,000 and two sureties.

Issues considered

  • Whether the alleged caste‑based abuse constitutes an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Whether anticipatory bail should be granted to the appellants under Section 438 of the Criminal Procedure Code.
  • Whether the seven‑day delay in lodging the FIR affects the grant of anticipatory bail.
  • Whether the appellants' clean antecedent is a relevant factor in deciding anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based abuse
  • clean antecedent
  • delay in FIR
  • Criminal Procedure Code
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4753 of 2024
                       Arising Out of PS. Case No.-299 Year-2024 Thana- DINARA District- Rohtas
                 ======================================================
           1.     Hare Ram Chaudhary Son of Dashrath Chaudhary Resident of village-
                  Bilaspur, PO -Gunsej, PS- Dinara, District -Rohtas
           2.    Ravindra Sah Son of Late Bandhan Sah Resident of village- Bilaspur, PO
                 -Gunsej, PS- Dinara, District -Rohtas

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Mehi Rajak Son of Late Vishwanath Baitha Resident of Village and P.O.
                 Lilbandh, P.S.- Dinara, Distt.- Rohtas

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Akhouri Vipin Bihari Shrivastava, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                 For the Informant       :        Mr. Ajay Kumar Prasad, Advocate
                                                  Mr. Kamal Kishor Kumar, Advocate
                                                  Mr. Dipak Kumar, Advocate
                                                  Mr. Vivek Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

5   12-02-2026                    Heard learned counsel for the appellants, learned

                   counsel for the respondent no.2 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

                   02.09.2024 passed by learned Additional District Judge-XVII-

                   cum-Exclusive Special Judge, SC/ST, Rohtas at Sasaram, in

                   connection with Dinara P.S. Case No. 299 of 2024 registered

                   under Sections 341 and 323 of the Indian Penal Code read with
Patna High Court CR. APP (SJ) No.4753 of 2024(5) dt.12-02-2026
                                             2/3




          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.

                          3. As per the prosecution case, the informant

          alleged that on 28.06.2024 at about 2:00 P.M., the appellants

          and the co-accused person came to his hut and started assaulting

          and abusing by taking caste name.

                          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 it

          appears from the F.I.R. itself that there is general and omnibus

          allegation against all the appellants. Learned counsel for the

          appellants submits that there is a delay of seven days in lodging

          the FIR. As regards allegation of abuse with the caste name

          attracting the rigours of SC & ST Act is concerned, it is not

          committed in public place nor any person has been named to be

          present at the place of occurrence when the alleged offence of

          abuse was being committed. Hence, the impugned order may be

          set aside and the appellants may be granted the privilege of

          anticipatory bail.

                          5. Learned Special Public Prosecutor for the State

          and learned counsel for the respondent no.2 have vehemently
           Patna High Court CR. APP (SJ) No.4753 of 2024(5) dt.12-02-2026
                                                        3/3




                     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 coupled with the fact that the allegation does not

                     come under the purview of SC/ST Act, 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 Additional District

                     Judge-XVII-cum-Exclusive Special Judge, SC/ST, Rohtas at

                     Sasaram, in connection with Dinara P.S. Case No. 299 of 2024

                     subject to the conditions laid down under Section 438(2) of the

                     Cr.P.C.

                                  7. Accordingly, this appeal is allowed and the

                     impugned order dated 02.09.2024 rejecting the prayer for grant

                     of anticipatory bail to the appellants is set aside.



                                                (Praveen Kumar, J)
shivam/-

U      T


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