Patna High Court
Guddu Kumar @ Guddu singhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted subject to bond and sureties.
Summary
Guddu Kumar appealed against the Special Judge's order rejecting his anticipatory bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that Kumar and others assaulted a fast‑food shop owner, used caste‑based abuse, and outraged the modesty of female family members, but no injury report was on record and the alleged caste abuse was not made in public view. The appellant argued that the FIR contained only a generic allegation against many persons and that there was no specific evidence linking him to the assault. The High Court noted the absence of a medical report, the lack of public caste slur, and the appellant's clean antecedent, and held that these factors warranted the grant of anticipatory bail. Consequently, the court set aside the order of the Special Judge and directed that the appellant be released on bail upon furnishing bond and sureties.
Issues considered
- Whether the allegations in the FIR under the SC/ST (Prevention of Atrocities) Act are sufficient to deny anticipatory bail to the appellant.
- Whether the absence of a medical injury report and lack of public caste‑based abuse affect the bail decision.
- Whether the appellant's clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 385, 447, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s), 3(2)(v)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- bail jurisprudence
- injury report
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5557 of 2023
Arising Out of PS. Case No.-133 Year-2023 Thana- GURUA District- Gaya
======================================================
Guddu Kumar @ Guddu singh SON OF LALVENDRA KUMAR SINGH
RESIDENT OF VILLAGE - RAKSHA NAGWAN GARH, PS- GURUA, DISTT-
GAYA
... ... Appellant/s
Versus
1. The State of Bihar BIHAR
2. PINTU KUMAR SON OF SHIVNATH CHAUDHARY RESIDENT OF VILLAGE
- NAUDIHA PS- GURUA, DISTT- GAYA
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raj Kumar, Adv.
Mr. Archana Kushwaha, Adv.
Mr. Akash Shankar, Adv.
Mr. Nausheen Fatma, Adv.
For the Respondent/s : Mr. Usha Kumari 1, Spl. P.P.
For the informant : Mr. Mukund Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 04-02-2026 Heard learned counsel for the appellant and
learned Special Public Prosecutor appearing for the State as
well as learned counsel appearing for respondent No.2.
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 12.10.2023 passed by learned Special Judge, SC/ST,
Special Court, Gaya in A.B.P. No. 352 of 2023 in connection
with Gurua P.S. Case No. 133 of 2023 registered under
Sections 341, 323, 447, 307, 385, 379, 506 and 34 of the
Patna High Court CR. APP (SJ) No.5557 of 2023(4) dt.04-02-2026
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Indian Penal Code and Section 3(1)(r)(s), 3(2)(v) the of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, whereby the prayer for grant of
anticipatory bail of the appellant has been rejected.
3. As per the prosecution case, informant,
namely, Pintu Kumar alleged that on 10.03.2023 at around
04:30 P.M., while he was managing his fast food shop, the
appellant along with five other associates came at his shop
and told him to serve them choumin (noodles) to eat by
abusing him with his caste name otherwise, they will throw
his all utensils of his shop. It is further alleged that they have
also said that he has not given them ransom on the opening
of his fast food shop. On being protest made by him, they
went away from there stating that they are coming with
their members of their gang after a while and, accordingly,
came there along with 15 other members armed with
weapons and surrounded the shop and house of the
informant and started assaulting the family members of the
informant. It is further alleged that Suranjan Das, Niranjan
Das and Karnal Chaudhary including the appellant assaulted
the informant by means of bat and hockey stick. Further,
Niranjan Das who was having pistol, gave a hockey stick
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blow on the head of the informant causing grievous injury to
him resultantly, he fell down being unconscious even then
they assaulted him by means of fists and slaps. On the
intervention of villagers, they left him. On regaining
conscious, he saw that the appellant along with others were
outraging the modesty of his mother and his sister-in-law
(bhabhi). Again on the intervention of villagers, they fled
away snatching the gold earing of his bhabhi and gold chain
of informant along with cash of Rs. 15,000/- form the
counter of his shop and also threatened the informant and
his family members with dire consequences.
4. Learned counsel appearing for the appellants
submits that there is general and omnibus allegation
attributed to the appellant. He submits that the instant F.I.R.
has been registered against altogether 11 named persons
and 10 unknown persons for the alleged occurrence.
However, no specific allegation of assault is attributed to the
present appellant. He further submits that although the
allegation of abuse and assault is leveled against the
appellant and others, but no injury report is on record to
corroborate the allegation as alleged in the F.I.R., which
creates doubt over the prosecution version. As regards
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allegation of abuse by caste name is concerned, it does not
appear from the F.I.R. that abuse by caste name was made in
any public view. He further submits that as a matter of fact,
the altercation took place between the parties on account of
consumption of fast food. He further submits that no case, as
alleged in the F.I.R, attracting rigours of SC & ST Act, is made
out against the appellant.
5. Learned Special Public Prosecutor as well as
learned counsel for the respondent No.2 have vehemently
opposed the prayer for grant of anticipatory bail to the
appellants and submitted that in the F.I.R., there is direct
allegation of assault and abuse made by caste name against
the appellant and his associates. They are also alleged to
have outraged the modesty of female members of the
informant.
6. Considering the entire facts and
circumstances of the case and also the fact that no injury
report is available on record to substantiate the allegation of
assault as alleged in the F.I.R. and the allegation of abuse is
not made in public view as well as the fact that the appellant
is a man of clean antecedent, let the above named appellant
in the event of his arrest/surrender within a period of six
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weeks be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Special Judge
(SC/ST), Special Court, Gaya in connection with Gurua P.S.
Case No. 133 of 2023, 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 12.10.2023 rejecting the prayer for
grant of anticipatory bail to the appellants is, hereby, set
aside.
(Praveen Kumar, J)
brajesh/-
U T
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