Created by Fuzzy Cloud

Patna High Court

Vivek Prajapati @ JhagaruversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/4




          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
                                             3/4




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.