Anticipatory bail granted where specific overt acts are absent and prima facie SC/ST Act case is not established.

The appellant challenged an order dated 17.12.2025 passed by the Exclusive Special Judge, SC/ST Act, Supaul, which refused his prayer for anticipatory bail

The prosecution alleged that the appellant and co-accused took the informant’s husband to a disputed land where he was shot following a demand to return land; the victim later succumbed to injuries

The appellant contended that the case arose from a land dispute, he had no criminal antecedents, and the specific allegation of firing was directed at co-accused Mukesh Yadav and Kishore Sardar rather than himself

1. Whether a prima facie case exists against the appellant under the SC/ST (Prevention of Atrocities) Act to bar the grant of anticipatory bail

2. Whether the appellant is entitled to pre-arrest bail considering the nature of allegations and the existing land dispute

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

Sections 103(1) (Murder) and 3(5) (Common Intention) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act

The procedural requirements for bail were governed by Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The court observed that the allegations against the appellant were vague and doubtful in nature

It noted that the specific overt act of firing was attributed to other co-accused persons, not the appellant

Furthermore, the court found an absence of material to establish a prima facie case specifically under the provisions of the SC/ST Act, which often acts as a statutory bar to anticipatory bail

The court took into account the defense's argument regarding the delay in lodging the FIR and the underlying land dispute as a potential motive for false implication

The court directed that in the event of arrest or surrender within eight weeks, the appellant be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties, subject to conditions including presence during trial and cooperation with the proceedings