Anticipatory Bail Granted Where Delayed FIR and Superficial Injuries Undermine Prima Facie SC/ST Act Charges

The appellant moved the High Court challenging the refusal of anticipatory bail by the Special Judge, SC/ST Act, Bhojpur.

The prosecution alleged that the appellant insulted the informant (Respondent No. 2) by using his caste name during a feast and subsequently assaulted him with a steel torch, rendering him unconscious.

The appellant contended that the allegations were false, the FIR was delayed by six days without explanation, the injuries were simple/superficial, and the informant was intoxicated at the time.

Furthermore, the appellant claimed the SC/ST Act provisions were misused following a meal at a Shradh Bhoj.

1. Whether the appellant is entitled to anticipatory bail under Section 14(A)(2) of the SC/ST Act despite the bar under the Act.

2. Whether there exists a prima facie case under Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST Act to justify the denial of pre-arrest bail.

Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, regarding appeals against bail orders.

Penal provisions under Sections 126(2), 115(2), 109, 351(2), and 352 of the Bharatiya Nyaya Sanhita (BNS) and Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST Act.

Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding conditions for the grant of bail.

The court evaluated the credibility of the prosecution's allegations in light of the circumstances, noting the "doubtful nature of allegation" and the significant possibility of "false accusation".

Specifically, the court found a "prima facie absence of any cogent materials" to establish an offense under the SC/ST Act.

Factors influencing this reasoning included the unexplained six-day delay in lodging the FIR, the nature of the injuries being simple/superficial, and the setting of the incident (a public feast) which weakened the claim that the appellant specifically targeted the informant based on caste in a manner attracting the Act's rigors.

The Court allowed the appeal and set aside the lower court's order dated 21.01.2026, directing that in the event of arrest or surrender within eight weeks, the appellant be released on bail upon furnishing bonds of Rs. 10,000/- with two sureties, subject to conditions under Section 482(2) of the BNSS.