Created by Fuzzy Cloud

Patna High Court

Manoj PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the allegations do not satisfy the ingredients of Section 3(2)(va) of the SC/ST Act and therefore granted anticipatory bail to the petitioner.

Summary

Manoj Prasad, a 61‑year‑old resident of East Champaran, applied for anticipatory bail after being implicated in a FIR that primarily accused four other persons of raping a minor and related offences. The FIR also alleged that the petitioner, belonging to a Scheduled Caste, abused the informant, but no specific offence under the SC/ST (Prevention of Atrocities) Act was established. The petitioner argued that the allegations did not satisfy the ingredients of Section 3(2)(va) of the SC/ST Act and that bail should be granted under the Bharatiya Nyaya Sanhita. The State opposed bail, contending that the SC/ST Act does not provide for anticipatory bail. The Court examined the FIR and the victim’s statement, finding no material linking the petitioner to any offence under the BNSS, POCSO, or IT Acts, and concluded that the SC/ST provision was not met. Consequently, the Court granted anticipatory bail subject to a bond and conditions under the BNSS.

Issues considered

  • Whether the petitioner is chargeable under Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Whether anticipatory bail can be granted in a case where the only allegation is under the SC/ST Act.
  • Whether the provisions of the Bharatiya Nyaya Sanhita, 2023, permit anticipatory bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Bharatiya Nyaya Sanhita
  • POCSO
  • Information Technology Act
  • criminal miscellaneous application
  • false implication
  • scheduled caste
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8394 of 2026
                 Arising Out of PS. Case No.-468 Year-2024 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Manoj Prasad S/O Baleshwar Prasad @ Baldeo Prasad R/O Village-
                 Rehuaman, P.S- Madhuban, Distt.- East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XX W/O Sri Rajesh Baitha R/O Village- Rohuwaman, P.S- Madhuban,
                 Distt.- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                                                 Mr. Harsha Shashwat, Advocate
                 For the Opposite Party/s :      Mr. Sadanand Paswan, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Madhuban P.S. Case No. 468 of 2024 lodged on

                   05.11.2024, for the offence punishable under Sections 137(2),

                   140(3), 70(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023,

                   sections 4/6 of the POCSO Act, sections 66(E)/67 of the

                   Information Technology (Amendment) Act, 2000 and section

                   3(2)(va) of the Scheduled Castes and the Scheduled Tribes

                   (Prevention of Atrocities) Act, 1989.

                                3. As per the prosecution, FIR has been lodged against

                   four named accused persons. It has been alleged by the
Patna High Court CR. MISC. No.8394 of 2026(3) dt.01-04-2026
                                            2/4




          informant that in the evening of 27.10.2024, when her daughter

          who is aged about 14 years, went for natural call, then the four

          named accused persons came and forcefully took her and

          committed rape with her and also taken obscene video and made

          the said video viral and deserted her near her house after two

          days. After the commission of the said offence, the informant

          visited the father of the named accused persons, where she was

          abused by them on account of her belonging to the SC

          community and being poor. They also threatened the informant

          not to file a case, otherwise she would be killed.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the petitioner is an old man aged about 61 years,

          having clean antecedent and allegation of commission of the

          offence is only upon the accused persons named in the FIR and

          not against the present petitioner. He submits that although,

          there is an allegation of abuse against the petitioner to the

          informant, but the said allegation does not satisfy the ingredients

          of Section 3(2)(va) of the SC/ST Act. Counsel submits that the

          name of petitioner has figured in this case only with a view to

          create pressure. Counsel also submits that though, POCSO Act

          and the SC/ST Act, both have been added in this case, then trial
Patna High Court CR. MISC. No.8394 of 2026(3) dt.01-04-2026
                                            3/4




          has to prevail in accordance with POCSO, as it is more

          fundamental in nature. Therefore, instead of filing criminal

          appeal, criminal miscellaneous application has been filed.

          Counsel further submits that on the previous occasion, case

          diary as well as statement of victim under section 183 of the

          B.N.S.S. was called for.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that rejection has been made

          by the Sessions Judge on the basis of allegation that there is no

          provision of granting anticipatory bail under SC/ST (Prevention

          of Atrocities) Act, 1989.

                       6. After going through the record, it transpires to this

          Court that there is no ingredient of the allegation against the

          petitioner relating to B.N.S.S, POCSO and I.T. Act. The only

          allegation against the petitioner is under SC/ST Act. However,

          by virtue of the statement made in the FIR, it appears that the

          ingredients of Section 3(2)(va) are not made out, as none of the

          offence listed in the Schedule are constituted. It also transpires

          from perusal of statement of victim under section 183 of the

          B.N.S.S that she has whispered only against four accused

          persons named in the FIR and not against the present petitioner.

                       7. As such, in the present facts and circumstances of
             Patna High Court CR. MISC. No.8394 of 2026(3) dt.01-04-2026
                                                         4/4




                       this case, let the above named petitioner be released on

                       anticipatory bail, in the event of arrest or surrender before the

                       Trial Court within a period of 4 weeks from today, on furnishing

                       bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                       mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of 7th District & Additional Sessions Judge-cum-

                       Special Judge, East Champaran, Motihari, in connection with

                       Madhuban P.S. Case No. 468 of 2024, subject to the conditions

                       as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                      (Dr. Anshuman, J)
Divyansh/-

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.