Patna High Court
Chandan Kumar @ Chandan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court set aside the order rejecting anticipatory bail for appellants 1‑4, finding the allegations vague and insufficient to sustain the SC/ST Act charge, and granted bail on condition.
Summary
The appellants filed a criminal appeal challenging a Special Judge's order that rejected their anticipatory bail applications in a case involving alleged assault and caste slurs during a construction dispute under the Nal Jal Yojana. The prosecution had charged them under IPC sections 341, 323, 307, 504, 506 and 34, and under Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. The appellants contended that the FIR was false, the allegations were vague and omnibus, no specific overt act was described, and the SC/ST Act was inapplicable as no public witness was present. The court found the accusations insufficiently specific, set aside the order rejecting bail for appellants 1‑4, and granted them bail on condition, while allowing the withdrawal of the appeal by appellant 5, resulting in the dismissal of his pre‑arrest bail application. The appeal was therefore allowed for the first four appellants.
Issues considered
- Whether the anticipatory bail order rejecting bail for the appellants is justified given the vague and omnibus nature of the allegations.
- Whether the allegations constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act.
- Whether the lack of specific overt acts and absence of public witnesses precludes the application of the SC/ST Act and warrants bail.
- Whether the appeal can be allowed for some appellants while another appellant withdraws his appeal.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- IPC offences
- general and omnibus accusation
- bail
- withdrawal of appeal
- construction dispute
- caste based violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5167 of 2024
Arising Out of PS. Case No.-231 Year-2024 Thana- SHAHPUR PATORI District- Samastipur
======================================================
1. Chandan Kumar @ Chandan Yadav S/o Mohan Ray R/o vill - Shahpur Undi,
P.S. - Patory, Distt. - Samastipur
2. Vinod Ray @ Vinod Kumar Ray S/o Jitendra Ray R/o vill - Shahpur Undi,
P.S. - Patory, Distt. - Samastipur
3. Mukesh Kumar @ Mukesh Kumar Azad S/o Yogendra Ray R/o vill - Bhaua,
P.S. - Patory, Distt.- Samastipur
4. Yogendra Ray S/o Anup Lal Ray R/o vill - Bhaua, P.S. - Patory, Distt.-
Samastipur
5. Prabhas Ray @ Prabhash Chandra Ray S/o Late Nandlal Ray R/o vill -
Sirdilpur, P.S. - Patory, Distt. - Samastipur
... ... Appellant/s
Versus
1. The State of Bihar
2. Parvati Devi W/o Sagar Sada R/o vill - Hasanpur Surat Tanda, P.S. - Patory,
Distt.- Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Suneil Kumar Thakur, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Informant : Mr. Surendra Kishore Thakur, Advocate
Mr. Aditya Kr. Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 02-04-2026 Heard learned counsel appearing for the appellants,
learned Special Public Prosecutor appearing for the respondent-
State and learned counsel appearing for the
informant/Respondent No. 2.
2. At the outset, learned counsel for the appellants
seeks permission to withdraw this appeal with regard to
Appellant No. 5, namely Prabhas Ray.
Patna High Court CR. APP (SJ) No.5167 of 2024(4) dt.02-04-2026
2/4
3. Permission, as prayed for, is accorded.
4. Accordingly, this pre-arrest bail application with
regard to Appellant No. 5 stands dismissed as withdrawn.
5. This appeal has been filed for setting aside order
dated 23.10.2024 passed in a case registered for the offence
punishable under Sections 341, 323, 307, 504, 506 and 34 of the
Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
these appellants has been rejected.
6. As per prosecution case, dispute over construction
under Nal Jal Yojana led to maar-peet in which it is alleged that
all the F.I.R. named accused persons, including these appellants,
assaulted informant and others and abused them by caste based
slurs.
7. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. As a matter of fact, no occurrence
as alleged in the F.I.R. every took place rather being mislead by
one Vikash Bagan, who happens to be husband of Ward
Councilor of Patory Nagar Parishad, informant and others
obstructed the work of boring and upon protest by appellants
Patna High Court CR. APP (SJ) No.5167 of 2024(4) dt.02-04-2026
3/4
and others, a simple maar-peet took place and taking advantage
of the situation, this false and concocted case has been lodged. It
is further submitted that for the same set of occurrence, Patory
police has also lodged an F.I.R. being Patori P.S. Case No. 246
of 2024. Allegation of assault is general and omnibus and no
specific accusation of overt act has been alleged against these
appellants. Moreover, it is not the case of the prosecution that
any member of public was present at the place of occurrence
and as such, no case under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act is made out against these
appellants.
8. Learned Spl. P.P. appearing for the respondent-State
and learned counsel appearing for the informant/Respondent
No. 2 have vehemently opposed the prayer for grant of bail to
the appellants.
9. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, this appeal is
allowed and the impugned order dated 23.10.2024 passed by the
learned Special Judge, SC/ST (POA) Act, Samastipur in
connection with A.B.P. No. 1974 of 2024 arising out of Patory
P.S. Case No. 231 of 2024 is hereby set aside with respect to
Appellant Nos. 1, 2, 3 and 4 only.
Patna High Court CR. APP (SJ) No.5167 of 2024(4) dt.02-04-2026
4/4
10. Accordingly, let Appellant Nos. 1, 2, 3 and 4,
named above, in the event of arrest/surrender within a period of
eight weeks from the date of receipt/production of a copy of this
order, be enlarged 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 Special Judge, SC/ST
(POA) Act, Samastipur in connection with Patory P.S. Case No.
231 of 2024.
11. With the aforesaid directions, this application
stands disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T
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