Patna High Court
Pradeep Shah @ Pradeep SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appellant is entitled to anticipatory bail, and the lower court's order denying it is set aside.
Summary
Pradeep Shah was charged under several IPC sections and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act for allegedly assaulting an informant and his family, uprooting flags, and using caste-based slurs on 13 August 2023. He applied for anticipatory bail, which was rejected by the XI Additional Sessions Judge. On appeal under Section 14A(2) of the SC/ST Act, the High Court noted the appellant's clean antecedent, the absence of any injury report, and that similar co‑accused had already been granted anticipatory bail by the same court. The Court held that these factors warranted the grant of anticipatory bail, subject to standard conditions. Consequently, the order denying bail was set aside and the appellant was released on bail upon surrender.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 14A(2) of the SC/ST Act despite the serious nature of the alleged offences.
- Whether the alleged caste‑based abuse and assault constitute an offence punishable under the SC/ST Act.
- Whether the appellant's clean antecedent and the grant of bail to co‑accused justify granting anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 354B, 504, 506
- Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(i)(r)(s)(w)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- clean antecedent
- bail conditions
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4827 of 2024
Arising Out of PS. Case No.-319 Year-2023 Thana- MIRGANJ District- Gopalganj
======================================================
Pradeep Shah @ Pradeep Sah Son of Hirdaya Sah @ Hirdya Sah Village-
Kheman Tola, P.S.- Mirganj, District- Gopalganj
... ... Appellant
Versus
1. The State of Bihar
2. Heeralal Sah Son of Gokhula Sah Village- Kheman Tola, P.S.- Mirganj,
District- Gopalganj
... ... Respondents
======================================================
Appearance :
For the Appellant : Mr. Javed Aslam, Advocate
For the Respondent-State: Mrs. Usha Kumari 1, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 12-02-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor appearing for the State.
2. This appeal under Section 14A(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
08.05.2024 passed by learned XI Additional Sessions Judge-
cum- Exclusive Special Judge SC/ST Act, Gopalganj, in A.B.P.
No. 2170 of 2024 in connection with Mirganj P.S. Case No. 319
of 2023, registered under Sections 341, 323, 324, 307, 354B,
504, 506, 34 of the IPC read with Section 3(i)(r)(s)(w) of
Scheduled Castes and Scheduled Tribe (Prevention of
Atrocities) Act, 1989, whereby the prayer for grant of
anticipatory bail of the appellant has been rejected.
Patna High Court CR. APP (SJ) No.4827 of 2024(4) dt.12-02-2026
2/4
3. As per the prosecution case, the informant,
namely, Nitish Kumar, alleged that on 13.08.2023, after the
delivery of possession was effected by the Advocate
Commissioner, at 04:00 PM, the appellant along with other
accused persons armed with rod, iron pipe and khanti, came on
the spot and started uprooting the flags fixed by the Advocate
Commissioner and on protest the appellant and other accused
persons started abusing the informant by taking his caste name
and threatened that he will not be allowed to live there despite
the decree in his favour and will be killed. Accused persons
assaulted his uncle and other family members causing them
injuries. On arrival of the villagers their lives were saved.
4. Learned counsel appearing for the appellant
submits that the appellant bears clean antecedent and general
and omnibus allegation has been levelled against all the accused
persons including this appellant. No injury report has been
brought on record to substantiate the alleged injuries. As regards
allegation of abuse with the caste name attracting the rigours of
SC & ST Act is concerned, it is not committed in a 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. He further submits that no case, as alleged in the
Patna High Court CR. APP (SJ) No.4827 of 2024(4) dt.12-02-2026
3/4
F.I.R, attracting rigours of SC & ST Act is made out against the
appellant. Moreover, the co-accused, namely, Hridya Shah @
Hridya Sah, Vidya Shah @ Vidya Sah, Anup Shah @ Anup
Kumar Sah @ Anup Sah, Rahul Shah @ Rahul Kumar Sah, Sita
Devi, Ghurail Devi & Tetari Devi and Rohit Kumar Sah @
Rohit Sah have already been granted the benefit of anticipatory
bail by co-ordinate Benches of this Court in Cr. Appeal (S.J.)
Nos. 4832 of 2023 and 359 of 2024 vide orders dated
17.06.2025 and 31.07.2025 respectively and the case of the
appellant is similar to that of the aforesaid co-accused. Hence,
the impugned order may be set aside and the appellant may be
granted the privilege of anticipatory bail.
5. Learned Special Public Prosecutor as well as
learned counsel for the respondent No.2 have vehemently
opposed the prayer for grant of anticipatory bail to the appellant
and submitted that appellant has actively participated in the
present occurrence.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellant bears clean
antecedent coupled with the fact that the co-accused persons,
having more or less similar allegation, has already been granted
the privilege of anticipatory bail by the co-ordinate Bench of
Patna High Court CR. APP (SJ) No.4827 of 2024(4) dt.12-02-2026
4/4
this Court, let the above named appellant in the event of his
arrest/surrender within a period of six weeks be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
XI Additional Sessions Judge-cum- Exclusive Special Judge
SC/ST Act, Gopalganj, in connection with Mirganj P.S. Case
No. 319 of 2023 subject to the conditions laid down under
Section 482(2) of the B.N.S.S/Section 438(2) of the Cr.P.C..
7. Accordingly, this appeal is allowed and the
impugned order dated 19.09.2024 rejecting the prayer for grant
of anticipatory bail to the appellant is, hereby, set aside.
(Praveen Kumar, J)
Pawan/-
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