Patna High Court
AWADHESH RAIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the Special Judge’s order rejecting anticipatory bail and granted bail to the appellants.
Summary
The appellants, Awadhesh Rai, Bigu Rai and Ajit Rai, were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing an informant by caste name, assaulting him with a lathi, and stealing Rs. 3,500 and a gold locket. They applied for anticipatory bail, which the Special Judge rejected on 28‑06‑2023. The appellants contended that they were falsely implicated, that the alleged incident arose from a dispute over a fertilizer spill, and that there was no injury report or evidence of a public assault. The State opposed the bail application. The Patna High Court, after hearing counsel, ordered that the appellants be released on bail upon surrender within eight weeks, subject to a bail bond of Rs. 10,000 with two sureties, and set aside the Special Judge’s order rejecting anticipatory bail. Consequently, the criminal appeal was allowed.
Issues considered
- Whether the appellants are entitled to anticipatory bail under the circumstances of the case
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act are substantiated enough to deny bail
- Whether the material on record justifies the Special Judge’s rejection of bail
Legislation cited
- Indian Penal Code — s. 323, 325, 341, 379, 504, 506/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- IPC offences
- criminal appeal
- bail bond
- caste based violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.607 of 2024
Arising Out of PS. Case No.-345 Year-2022 Thana- CHIRAIYA District- East Champaran
======================================================
1. Awadhesh Rai S/O Baiju Rai R/O Village- Sapgarha, P.S- Chiraiya, Distt.-
East Champaran.
2. Bigu Rai S/O Methur Rai R/O Village- Sapgarha, P.S- Chiraiya, Distt.- East
Champaran.
3. Ajit Rai S/O Bilat Rai R/O Village- Sapgarha, P.S- Chiraiya, Distt.- East
Champaran.
... ... Appellant/s
Versus
1. The State Of Bihar
2. Sunil Ram S/O Ramjatan Ram R/O Village- Baidhnathpur, P.S- Chiraiya,
Distt.- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 15-01-2026 Despite service of notice, none appears on behalf of
the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
28.06.2023 passed by learned Special Judge, SC/ST, East
Champaran, Motihari in ABP No. 2477 of 2023 arising out of
Chiraiya P.S. Case No. 345 of 2022 registered under Sections
341, 323, 325, 379, 504, 506/34 of the Indian Penal Code and
Sections 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled
Patna High Court CR. APP (SJ) No.607 of 2024(6) dt.15-01-2026
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Tribes (Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellants has been rejected.
4. As per F.I.R., these appellants abused the informant
by caste name, assaulted him by means of lathi and took away
Rs. 3,500/- and gold locket.
5. Learned counsel for the appellants submits that
appellants are innocent and have falsely been implicated in this
case. As a matter of fact, on the alleged date of occurrence,
motorcycle of the informant ran over the fertilizer which led to
heated argument between the parties and taking advantage of the
situation this false and concocted case has been lodged. There is
no injury report on record to substantiate the allegations levelled
against the appellants. Allegation of abuse and assault is general
and omnibus. It is not the case of informant that alleged incident
occurred within public view as such, no case under SC/ST Act is
made out against the appellants. Appellants claim clean
antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the aforesaid facts, let the appellants,
as named above, in the event of their arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
Patna High Court CR. APP (SJ) No.607 of 2024(6) dt.15-01-2026
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furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Special Judge, SC/ST, East Champaran, Motihari in
ABP No. 2477 of 2023 arising out of Chiraiya P.S. Case No.
345 of 2022.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 28.06.2023 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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