Patna High Court
Gopal Upadhayay @ Gopal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The High Court allowed the appeals and granted anticipatory bail to the appellants, setting aside the lower court's refusal.
Summary
The appellants, including Gopal Upadhyay, Prabhu Nath Singh and Tutu Singh, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Indian Penal Code for allegedly hurling caste slurs and assaulting an informant on 10 October 2024. Their applications for anticipatory bail were rejected by the Exclusive Special Judge, SC/ST, Seohar, in orders dated 29‑10‑2024, 28‑11‑2024 and 24‑01‑2025. The appellants contended that the alleged abuse did not occur in a public place, they had clean criminal records (except one co‑accused), and a co‑accused had already been granted anticipatory bail in a similar case. The State opposed the bail, arguing the seriousness of the offences under the SC/ST Act. The Patna High Court, noting the similarity to the earlier bail order and the lack of public view, allowed the appeals, set aside the lower‑court orders and granted anticipatory bail subject to a Rs 10,000 bond and two sureties, with conditions under Cr.P.C. §§ 438(2) and 482(2).
Issues considered
- What is the appropriate exercise of discretion by the Special Judge in granting or refusing anticipatory bail under the SC/ST (Prevention of Atrocities) Act?
- Whether the alleged caste‑based abuse, allegedly not committed in a public place, falls within the ambit of offences punishable under the SC/ST Act for which anticipatory bail may be denied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 115(2), 118(1), 126(2), 190, 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(s), 3(2)(va), 3(i)(r)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- criminal procedure
- Section 14A
- public place
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5463 of 2024
Arising Out of PS. Case No.-14 Year-2024 Thana- SC/ST District- Sheohar
======================================================
Gopal Upadhayay @ Gopal Kumar Son of Manoj Upadhyay @ Manoj Kumar
Upadhayay village - Mahuariya, P. S - Sheohar, District - Sheohar
... ... Appellant/s
Versus
1. The State of Bihar
2. Dashrath Paswan son of Late Ramashish Paswan village - Mahuariya, ward
no. 16, P. S - Sheohar, District - Sheohar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 5563 of 2024
Arising Out of PS. Case No.-14 Year-2024 Thana- SC/ST District- Sheohar
======================================================
Prabhu Nath Singh @ Parbhu Singh son of Late Yogendar Singh village -
Mahuariya, Ward No. 15 , Sheohar, District - Sheohar
... ... Appellant/s
Versus
1. The State of Bihar
2. Dashrath Paswan Son of Late Ramashish Paswan village - Mahuariya, Ward
No. 16 , Sheohar, District - Sheohar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 861 of 2025
Arising Out of PS. Case No.-14 Year-2024 Thana- SC/ST District- Sheohar
======================================================
1. Saurav Singh @ Saurav Kumar S/o Vinod Singh R/o Village- Mahuariya,
P.S- Sheohar, District- Sheohar
2. Tutu Singh @ Ratnesh Kumar Singh S/o Shambhu Nath Singh @ Shambhu
Singh R/o Village- Mahuariya, P.S- Sheohar, District- Sheohar
... ... Appellant/s
Versus
1. The State of Bihar
2. Dashrath Paswan S/o Late Ram Ashish Paswan R/o vill - Mahuariya, P.s.-
Sheohar, Distt.- Sheohar, Bihar
... ... Respondent/s
======================================================
Patna High Court CR. APP (SJ) No.5463 of 2024(5) dt.13-02-2026
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Appearance :
(In CRIMINAL APPEAL (SJ) No. 5463 of 2024)
For the Appellant/s : Mr. Devendra Kumar, Advocate
For the Respondent No. 2 Mr. Arvind Kumar Singh, Advocate
Mr. Jay Ram Prasad, Advocate
For the State : Mr. Sadanand Paswan, Spl PP
(In CRIMINAL APPEAL (SJ) No. 5563 of 2024)
For the Appellant/s : Mr. Devendra Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl PP
(In CRIMINAL APPEAL (SJ) No. 861 of 2025)
For the Appellant/s : Mr. Chandan Kumar, Advocate
Mr. Bindhyachal Rai, Advocate
For the Respondent No. 2 Mr. Jairam Prasad, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 13-02-2026 Heard learned counsel for the appellants, learned
counsel for Respondent No. 2 as well as learned Special Public
Prosecutor appearing for the State.
2. All these applications are arising out of the same
P.S Case i.e. SC/ST P.S. Case No. 14 of 2024, hence, they are
being heard together and are being disposed of by a common
order.
3. This appeals under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 have been directed against the orders dated
29.10.2024, 28.11.2024 and 24.01.2025 passed by learned
Exclusive Special Judge, SC/ST, Seohar, in A.B.P. No. 352 of
2024, A.B.P. No. 364 of 2024 and A.B.P. No. 02 of 2025,
respectively, in connection with SC/ST P.S. Case No. 14 of
2024, registered under Sections 126(2), 115(2), 118(1), 352,
Patna High Court CR. APP (SJ) No.5463 of 2024(5) dt.13-02-2026
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351(2) and 190 of the B.N.S read with Section 3(i)(r), 3(1)(s)
and 3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for grant of
anticipatory bail of the appellants has been rejected.
4. As per the prosecution case, on 10.10.2024,
Abhishek Kumar (nephew of the informant) had gone to attend
a cultural program in the village, at that moment Gopal
Upadhyay (appellant) Saurabh Singh (appellant) and Ratnesh
Upadhyay came and started hurling caste-based slurs at him. On
being opposed, all the accused persons began assaulting him by
fist due to which he got injured. When the informant learned
about the said incident he along with his brother, namely,
Subodh Paswan went to the house of Santosh Singh, then the
situation escalated, thereafter, Prabhu Singh (appellant), Tutu
Singh (appellant) and Santosh Singh altogether started
assaulting the informant with stick and hit his head with iron rod
causing fracture in his head and threatened him with dire
consequences. On hulla, the villagers came and took the
informant to hospital.
5. Learned counsel appearing for the appellants
submits that the appellants are innocent and have falsely been
implicated in this case. It has further been submitted that the
Patna High Court CR. APP (SJ) No.5463 of 2024(5) dt.13-02-2026
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appellants, namely, Gopal Upadhayay, Prabhu Nath Singh and
Tuttu Singh have clean criminal antecedent whereas the
appellant, namely Saurabh Singh, has one criminal antecedent
as stated in para 3 of the bail petition. Moreover, co-accused,
namely, Ratnesh Upadhyay has already been granted the
privilege of anticipatory bail by co-ordinate Bench of this Court
in Cr. Appeal (S.J.) No. 174 of 2025 vide order dated
23.12.2025 and the case of the appellants is similar to that of the
aforesaid co-accused. As regards allegation of abuse with the
caste name attracting the rigours of SC & ST Act is concerned,
it is not committed in a 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.
6. Learned Special Public Prosecutor for the State as
well as learned counsel for the Respondent No. 2 has
vehemently opposed the prayer for grant of anticipatory bail to
the appellants.
7. Considering the entire facts and circumstances of
the case and the fact that the co-accused person has already been
granted the privilege of anticipatory bail by a co-ordinate Bench
Patna High Court CR. APP (SJ) No.5463 of 2024(5) dt.13-02-2026
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of this Court and the allegation does not appear to be within
public view, 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
the learned Exclusive Special Judge, SC/ST, Seohar, in
connection with SC/ST P.S. Case No. 14 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.
8. Accordingly, the appeals are allowed and the
impugned orders dated 29.10.2024, 28.11.2024 and 24.01.2025
rejecting the prayer for grant of anticipatory bail to the
appellants are, hereby, set aside.
(Praveen Kumar, J)
Jyoti/-
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