Patna High Court
Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and anticipatory bail is granted to the appellants.
Summary
The appellants, seven residents of Laxman Tola, were charged under the SC/ST (Prevention of Atrocities) Act and several IPC offences for allegedly assaulting and robbing an informant on 22 November 2023. They sought anticipatory bail, which was denied by the Special Judge, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The appellants argued that the FIR contained vague, omnibus allegations, lacked independent witnesses, and that they were being falsely implicated. The State opposed the appeal, maintaining the seriousness of the offences. The Patna High Court set aside the trial court’s order refusing bail, directing that the appellants be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the BNSS. Consequently, the appeal was allowed.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act.
- Whether the FIR’s allegations are sufficient to deny anticipatory bail.
- Whether the trial court’s refusal of anticipatory bail can be set aside under Section 482(2) of the BNSS.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- IPC offences
- Section 14-A
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5287 of 2024
Arising Out of PS. Case No.-821 Year-2023 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Shankar Prasad Son of Kapildev Prasad Resident of Village - Laxman Tola,
P.S. - Muffasil, District - East Champaran
2. Vinod Prasad Son of Late Rambabu Prasad Resident of Village - Laxman
Tola, P.S. - Muffasil, District - East Champaran
3. Vivek Kumar @ Vivek Kumar Kushwaha Son of Shankar Prasad Resident
of Village - Laxman Tola, P.S. - Muffasil, District - East Champaran
4. Abhishek Kumar Son of Shankar Prasad Resident of Village - Laxman Tola,
P.S. - Muffasil, District - East Champaran
5. Punit Prasad Son of Late Sita Ram Prasad Resident of Village - Laxman
Tola, P.S. - Muffasil, District - East Champaran
6. Arjun Kumar Son of Late Birendra Prasad Resident of Village - Laxman
Tola, P.S. - Muffasil, District - East Champaran
7. Bhola Prasad Son of Late Ram Jiwan Prasad Resident of Village - Laxman
Tola, P.S. - Muffasil, District - East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Krishna Das Son of Ramlochan Das Resident of Village - Laxman Tola, P.S.
- Muffasil, District - East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abhishek Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 03-04-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State, Mr. Sadanand Paswan and the learned
counsel appearing on behalf of the informant, Mr. Manjeet
Kumar Mishra.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.5287 of 2024(5) dt.03-04-2026
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Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 08.01.2024 in A.B.P. No. 5817 of 2023 passed by
the learned Special Judge S.C./S.T. (POA) Act, East
Champaran, Motihari in connection with Muffasil P.S. Case No.
821 of 2023 registered for the offences punishable under
Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal
Code as well as Sections 3(i)(r)(s) of the SC/ST Act.
3. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and the informant
alleges that on 22.11.2023 at about 06:10 PM he was going to
his shop on his motorcycle and when he reached at Laxman
Tola Math when he was intercepted by the named accused
persons including the appellants and the accused persons abused
him by taking his caste name and further assaulted him by shoe
and spat on him and even tore his cloths while Shankar snatched
his gold chain worth Rs. 85,000/- and Vinod took out Rs.
2,000/- from his pocket and the accused fled threatening him.
4. Learned counsel for the appellants next submits
that the appellants have been falsely implicated in the instant
case by the informant. It is next submitted that from perusal of
the allegation as alleged in the FIR, it would manifest that
Patna High Court CR. APP (SJ) No.5287 of 2024(5) dt.03-04-2026
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allegation of abuse is general and omnibus in nature. It is next
submitted that it does not appear probable that all accused
persons including seven appellants herein in one go would have
abused the informant by taking caste name. It is also submitted
that as far as allegation of snatching gold chain and taking out
Rs. 2,000/- is alleged, the same is ornamental in nature. It is
next submitted that the FIR does not even remotely suggest that
the occurrence was witnessed by any independent witnesses.
5. Learned Special P.P. for the State as well as the
learned counsel appearing on behalf of the informant opposes
the appeal.
6. In view of the submissions made by the learned
counsel for the appellants, the order dated 08.01.2024 in A.B.P.
No. 5817 of 2023 passed by the learned Special Judge S.C./S.T.
(POA) Act, East Champaran, Motihari in connection with
Muffasil P.S. Case No. 821 of 2023, is hereby set aside and
the appellants above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 5,000/-
(Rupees Five Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Muffasil
Patna High Court CR. APP (SJ) No.5287 of 2024(5) dt.03-04-2026
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P.S. Case No. 821 of 2023 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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