Facts
The appellant challenged an order dated 17.11.2025 by the Exclusive Special Judge, SC/ST Act, Patna, which refused his prayer for anticipatory bail
Source reference: p. 1-2The Respondent No. 2 (Informant) alleged that she had an oral agreement with the appellant’s late father to construct and rent a shop on their land for ₹3,000/month
Source reference: p. 2She claimed the appellant subsequently let the shop to another person, misappropriated her articles worth ₹5 lacs, and abused her with caste-based slurs when questioned
Source reference: p. 2The appellant contended the dispute was civil, citing a written lease deed from 2011 and asserting that his father had died in 2018, yet was named as an accused
Source reference: p. 2-3Issues
1. Whether the allegations prima facie establish an offence under the SC/ST (Prevention of Atrocities) Act to justify the denial of anticipatory bail.
Source reference: p. 42. Whether the dispute is primarily civil in nature, warranting the protection of the appellant’s liberty under Section 482(2) of the BNSS.
Source reference: p. 4Law Applied
Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 regarding appeals against bail refusal
Source reference: p. 1Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (formerly Section 438 CrPC) regarding directions for grant of bail to persons apprehending arrest
Source reference: p. 4The principle that the mere mention of a caste name does not attract the provisions of the SC/ST Act if the underlying dispute is civil or lackings cogent material
Source reference: p. 4Reasoning
The court observed that the dispute appeared to be civil in nature, emerging from a landlord-tenant relationship and a contested lease agreement
Source reference: p. 4It noted a "doubtful nature of allegation" regarding the criminal misappropriation and the use of caste-based slurs
Source reference: p. 4The court highlighted the absence of "cogent materials" to prima facie satisfy the requirements of the SC/ST Act
Source reference: p. 4The court took into account the appellant’s credentials as a Maintenance Engineer with Air India and his clean criminal antecedent, suggesting that the FIR might be a tool for extraction or blackmail rather than a bona fide criminal complaint
Source reference: p. 3-4Holding
The High Court set aside the impugned order of the Special Judge and allowed the appeal
The Court directed that in the event of arrest or surrender, the appellant be released on anticipatory bail upon furnishing bail bonds of ₹10,000 with two sureties
Source reference: p. 4The holding was based on the "prima facie absence of any cogent materials" under the SC/ST Act and the civil nature of the grievance
Source reference: p. 4Conditions for bail included the requirement that one bailor be a close relative and the appellant's attendance at all trial proceedings
Source reference: p. 5Original Court PDF
Krishna Dayal Prasad @ Krishna DayalvsThe State of Bihar
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