Patna High Court
Hare Ram ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 341
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r), 3(1)(s)
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
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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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