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Patna High Court

Shankar PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/4




          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
                                             3/4




          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
                                                         4/4




                      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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