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Patna High Court

Binod PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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