Anticipatory bail granted in case and counter-case involving minor injuries and alleged SC/ST Act violations.

The appellant moved the High Court against an order dated 13.02.2026 passed by the Exclusive Special Judge, SC/ST (PoA) Act, Saran, which rejected his prayer for anticipatory bail.

The prosecution alleged that the appellant dashed his auto into the informant’s bike, used caste-based slurs, assaulted the informant and his associates with an iron rod, and snatched ₹25,000/-.

The appellant contended that the case was a counter-blast to Garkha P.S. Case No. 924 of 2025, filed by the appellant earlier that day after the informant’s party allegedly dashed into his car and surrounded his house.

1. Whether the appellant is entitled to the grant of anticipatory bail despite the bar under the SC/ST (PoA) Act, considering the plea of a counter-case and the nature of injuries?

Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Sections 281, 126(2), 115(2), 117(2), 118(2), 352, 303(2), 74, 79, 351(3), and 3(5) of the Bharatiya Nyaya Sanhita (BNS).

Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (PoA) Act.

Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The court evaluated the medical evidence, noting that the injury reports for the informant and his associate showed only "simple and superficial" injuries (lacerated wounds of 1/2” x 1/2” and 4”x1/8”), which contradicted the allegation of a severe assault with an iron rod.

The court observed the existence of a "case and counter-case" dynamic, suggesting the possibility that the informant utilized his community status to file a retaliatory complaint following a "road rage" incident.

Given the appellant’s clean criminal antecedent and the doubt cast on the internal consistency of the prosecution's allegations, the court found that the custodial interrogation was not necessitated.

It directed that in the event of arrest or surrender within eight weeks, the appellant be released on bail upon furnishing a bond of ₹10,000/- with two sureties, subject to conditions under Section 482(2) of the BNSS, including the requirement that one bailor be a close relative and the appellant attend all trial dates.