Patna High Court
Manoj PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 2(1)(d), 3(5), 482(2), 70(2)
- Information Technology (Amendment) Act, 2000 — s. 66E, 67
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va)
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
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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
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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
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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
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