Patna High Court
Kishori BhagatversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s), 3(2)(va)
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
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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
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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
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of anticipatory bail to the appellants is set aside.
(Praveen Kumar, J)
shivam/-
U T
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