Patna High Court
Vivek Prajapati @ JhagaruversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed and anticipatory bail is granted, setting aside the order rejecting the bail application.
Summary
Vivek Prajapati was charged with assault, firing a pistol, and caste‑based slurs under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, along with IPC sections 341, 323, 307/34 and the Arms Act. He applied for anticipatory bail, which the Additional Sessions Judge rejected. The appellant argued he had a clean record, the injury report showed only a simple blunt injury, and the alleged caste abuse was not in public view, thus not attracting the SC/ST Act. The Special Public Prosecutor opposed bail. The Patna High Court, after considering the facts and the lack of substantiation for the serious allegations, granted anticipatory bail subject to bond and sureties, and set aside the lower court’s order. The appeal was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the appellant under Section 14A of the SC/ST Act given the alleged offences.
- Whether the injury report and the nature of the alleged caste slur negate the applicability of the SC/ST Act.
- Whether the seriousness of the alleged offences warrants denial of bail under the Criminal Procedure Code.
Legislation cited
- Arms Act, 1959 — s. 27
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 307, 323, 34, 341
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- firearms
- Criminal Procedure Code
- bail jurisprudence
- scheduled caste atrocities
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.891 of 2025
Arising Out of PS. Case No.-43 Year-2024 Thana- GUTHANI District- Siwan
======================================================
Vivek Prajapati @ Jhagaru Son of Darji Prajapati Resident of Village-
Matiyara, P.S.- Lar, Distt.- Deoria (Uttar Pradesh)
... ... Appellant/s
Versus
1. The State of Bihar
2. Raj Kumar Gond Sonof Hemnarayan Gond Resident of Village- Pandey
Gundi, P.S.- Guthani, Distt.- Siwan
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raghav Prasad, Advocate
For the Respondent No. 2 : Mr. Ajay Kumar Pandey, Advocate
Ms. Shyama Rani, Advocate
Mr. Sandeep Kumar, Advocate
For the State : Ms. Usha Kumari 1, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 25-02-2026 Heard learned counsel for the appellant, learned
counsel for the Respondent No. 2 and learned Special Public
Prosecutor appearing for the State.
2. This appeal under Section 14A(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
13.01.2025 passed by learned Additional Sessions Judge-1st-
cum-Special Judge (SC/ST Act), Siwan, in A.B.P. No. 2312 of
2024 in connection with Guthani P.S. Case No. 43 of 2024,
registered under Sections 341, 323, 307/34 of the I.P.C., under
Section 27 of the Arms Act read with Sections 3(1)(r)(s) of
Patna High Court CR. APP (SJ) No.891 of 2025(3) dt.25-02-2026
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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, on 25.02.2024 at
about 6:30 P.M., the informant, namely, Rajkumar Gond was
sitting on a bridge over a Canal, in the meantime, the appellant
and co-accused person came riding on a motorcycle and started
hurling caste-based slurs at him. When the informant opposed
the same, then both the persons started assaulting him after
which the appellant took out a pistol and shot in the head of the
informant due to which he became injured and blood started
oozing out, but somehow he managed to save his life and with
the help of the villagers he was taken to Sadar Hospital, Siwan
for treatment.
4. Learned counsel appearing for the appellant
submits that the appellant bears clean antecedent and is
innocent. It is further submitted that from perusal of the injury
report of the informant, which has been annexed as Annexure-2,
it is evident that the injury sustained by the informant is simple
in nature caused by hard and blunt substance. 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
Patna High Court CR. APP (SJ) No.891 of 2025(3) dt.25-02-2026
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nor any person has been named to be present at the place of
occurrence when the alleged offence of abuse was being
committed. 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. Hence, the impugned order may be set aside and the
appellant may be granted the privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
and learned counsel for the Respondent no. 2 have vehemently
opposed the prayer for grant of anticipatory bail to the appellant.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellant bears clean
antecedent coupled with the fact that the allegation of firing by
the appellant is not substantiated by the injury report and the
allegation of abuse with caste name does not appear to be within
public view, let the above named appellant in the event of his
arrest/surrender within a period of six 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
Additional Sessions Judge-1st-cum-Special Judge (SC/ST Act),
Siwan, in connection with Guthani P.S. Case No. 43 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.
Patna High Court CR. APP (SJ) No.891 of 2025(3) dt.25-02-2026
4/4
7. Accordingly, this appeal is allowed and the
impugned order dated 13.01.2025 rejecting the prayer for grant
of anticipatory bail to the appellant is, hereby, set aside.
(Praveen Kumar, J)
Jyoti/-
U T
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