Patna High Court
Binod PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed the appeal, set aside the Special Judge’s order, and granted anticipatory bail to the appellants.
Summary
The appellants, including Binod Prasad and family members, were charged under several sections of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and using caste-based slurs. Their application for anticipatory bail was rejected by an Exclusive Special Judge on 21 January 2025. The appellants contended that the allegations were vague, that the dispute arose over a pathway, and that no specific overt act was proved, thus no offence under the SC/ST Act existed. The State, represented by the Special Public Prosecutor, opposed the bail. 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 for the appellants.
Issues considered
- The adequacy of the evidence to sustain an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether anticipatory bail should be granted in the present case.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126, 251(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- caste-based offence
- criminal appeal
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.732 of 2025
Arising Out of PS. Case No.-414 Year-2024 Thana- KHAGAUL District- Patna
======================================================
1. Binod Prasad Son of Late Ramkripal Prasad @ Ram Kripal Prasad Village-
Dallu Chak, Baniya Ka Gali, P.S.- Khagaul, District- Patna
2. Nitu Devi Wife of Binod Prasad Village- Dallu Chak, Baniya Ka Gali, P.S.-
Khagaul, District- Patna
3. Rahul Kumar son of Binod Prasad Village- Dallu Chak, Baniya Ka Gali,
P.S.- Khagaul, District- Patna
4. Bunty Kumar @ Rajnish Kumar son of Binod Prasad Village- Dallu Chak,
Baniya Ka Gali, P.S.- Khagaul, District- Patna
5. Reena Devi wife of Late Sachidanand Prasad Village- Dallu Chak, Baniya
Ka Gali, P.S.- Khagaul, District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Seema Kumari Daughter of Late Moti Lal village- Dallu Chak, Baniya Ka
Gali, Ps- Khagaul, Dist- patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
For the R.No. 2 : Mr. Girish Chandra, Mr. Gunsagar Mahto, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-04-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
21.01.2025 passed by learned Exclusive Special Judge, SC/ST
Act, Civil Court (Sadar), Patna in ABP No. 5013 of 2024 arising
out of Khagaul P.S. Case No. 414 of 2024 registered under
Sections 126, 115(2), 352, 251(2) of the Bharatiya Nyaya
Sanhita and Section 3(1)(r)(s), 3(2)(va) of Scheduled Castes and
Patna High Court CR. APP (SJ) No.732 of 2025(4) dt.23-04-2026
2/3
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
prayer for anticipatory bail of appellants has been rejected.
3. As per F.I.R., these appellants assaulted and abused
the informant and others by caste name.
4. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. On
account of dispute with regard to pathway, altercation took place
between the parties. Allegation of assault is general and
omnibus and there is no allegation of any specific overt act
against the appellants. It is not the case of informant that any
member of public was present at the place of occurrence and as
such, no case under SC/ST Act is made out against the
appellants.
5. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
6. 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
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, SC/ST Act, Civil Court
(Sadar), Patna in ABP No. 5013 of 2024 arising out of Khagaul
Patna High Court CR. APP (SJ) No.732 of 2025(4) dt.23-04-2026
3/3
P.S. Case No. 414 of 2024.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 21.01.2025 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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