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Patna High Court

Kishori BhagatversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order rejecting anticipatory bail is set aside, granting bail to the appellants subject to conditions.

Summary

The appellants were accused of causing the death of an informant's father by allegedly setting up an electrified wire around a field, leading to electrocution, and of verbally abusing the informant using caste-based slurs. The Special Judge had rejected their application for anticipatory bail under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants contended that the death was accidental, they had no motive, and the alleged caste abuse did not occur in a public place, thus not attracting the SC/ST Act. The State argued that the act was intentional and that the caste abuse constituted an offence under the Act. The Patna High Court, after considering the clean antecedent of the appellants and the circumstances, allowed the appeal, set aside the order denying anticipatory bail, and directed that bail be granted subject to conditions under Sections 438(2) Cr.P.C. and 482(2) of the Bihar Negotiable Instruments Act.

Issues considered

  • Whether the appellants are entitled to anticipatory bail under Section 14A(2) of the SC/ST Act.
  • Whether the alleged verbal abuse using caste name constitutes an offence under the SC/ST Act, given the place of occurrence.
  • Whether the death caused by the electrified wire amounts to murder or an accidental death.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste abuse
  • electrocution death
  • bail conditions
  • murder vs accidental death

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5448 of 2024
                   Arising Out of PS. Case No.-269 Year-2024 Thana- ADAPUR District- East Champaran
                 ======================================================
           1.     Kishori Bhagat S/O Hardeo Bhagat @ Harkhdeo Bhagat @ Harkhman
                  Mahto Village- Maghi, P.S.- Aadapur, District- East Champaran
           2.    Bipin Prasad Kushwaha @ Bipin Kumar S/O Kishori Bhagat Village-
                 Maghi, P.S.- Aadapur, District- East Champaran
           3.    Bhup Narain Prasad Khushwaha @ Bhup Narayan Kumar S/O Kishori
                 Bhagat Village- Maghi, P.S.- Aadapur, District- East Champaran

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State Of Bihar
           2.    Gani Baitha S/O Ramdarash Baitha Village- Maghi, P.S.- Aadapur, District-
                 East Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rajesh Kumar, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Spl.P.P.
                 For the Informant       :        Mr. Dhananjay Kumar No.2, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

6   13-02-2026                    Heard learned counsel for the appellants, learned

                   counsel for 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

                   12.11.2024 passed by learned Special Judge, SC/ST Act, East

                   Champaran, Motihari, in A.B.P. No. 4381/2024 arising out of

                   Adapur P.S. Case No. 269 of 2024 registered under Sections
Patna High Court CR. APP (SJ) No.5448 of 2024(6) dt.13-02-2026
                                             2/4




          105, 79 and 3(5) of the B.N.S. and Sections 3(1)(r)(s) and 3(2)

          (va) 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 29.08.2024 at 07:00 A.M., his father had gone to

          his field when on account of naked wire put up by the appellants

          around the watered field with support of bamboo’s sticks, he got

          electrocuted and died. When the informant went to the house of

          the appellants to ask about the incident they abused him by

          taking his caste name and threatened him not to lodge a case

          otherwise he would face dire consequences.

                          4. Learned counsel for the appellants submits that

          the appellants, who are of clean antecedent, are innocent and

          have not committed any offence. It is further submits that as a

          matter of fact, the death of the deceased was due to accident, the

          appellants have no motive to kill the deceased. The description

          of P.O. as mentioned in para-6 of the case diary, although states

          about an electric wire being there from all the sides of the

          boundary affixed on a bamboo, but that does not suggest that it

          was done with a purpose to kill the deceased As regards

          allegation of abuse with the caste name attracting the rigours of
Patna High Court CR. APP (SJ) No.5448 of 2024(6) dt.13-02-2026
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          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 respondent No.2 have vehemently

          opposed the prayer for grant of anticipatory bail to the

          appellants. It is further submitted that the death of the deceased

          was actually an intentional act of the appellants.

                          6. Considering the entire facts and circumstances of

          the case and also the fact that the appellants bear clean

          antecedent, 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 Special Judge, SC/ST Act, East Champaran, Motihari, in

          connection with Adapur P.S. Case No. 269 of 2024 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 12.11.2024 rejecting the prayer for grant
           Patna High Court CR. APP (SJ) No.5448 of 2024(6) dt.13-02-2026
                                                        4/4




                     of anticipatory bail to the appellants is set aside.



                                                (Praveen Kumar, J)
shivam/-

U      T


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