Facts
Five appellants filed an appeal under Section 14(A)(2) of the SC/ST (PoA) Act challenging the refusal of anticipatory bail by the Special Judge, Jamui
Source reference: p. 1-2The prosecution alleged that the appellants abused the informant’s son with caste-based slurs and assaulted him, along with a cousin who intervened, causing a head injury
Source reference: p. 2The defense argued that the allegations were non-specific, the injuries were superficial (a 1/5”x1/4”x1/4” laceration), and the case was politically motivated
Source reference: p. 2-3Issues
1. Whether a prima facie case is established under the SC/ST (PoA) Act to justify the denial of anticipatory bail
Source reference: p. 32. Whether the nature of the allegations and medical evidence warrant the protection of the appellants under Section 482(2) of the BNSS
Source reference: p. 3Law Applied
Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, regarding the maintainability of appeals against bail refusals
Source reference: p. 1Sections 126(2), 115(2), 110, and 3(5) of the Bharatiya Nyaya Sanhita (BNS) and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act
Source reference: p. 2Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding the conditions for granting bail
Source reference: p. 4Reasoning
The court observed that the allegations against the five appellants were general and "omnibus," lacking specificity regarding who exactly hurled the abuse or caused the injuries
Source reference: p. 2Upon reviewing the medical evidence, the court found the injury to be "superficial," contradicting the likelihood that five persons participated in a concerted assault
Source reference: p. 2Heavily weight was given to the "political overtone" of the case and the lack of material to establish a prima facie case under the SC/ST Act
Source reference: p. 3The court determined that the possibility of false accusation rendered the bar on anticipatory bail inapplicable in this instance
Source reference: p. 3Holding
The High Court set aside the lower court's order dated 03.02.2026 and allowed the appeal
The court directed that in the event of arrest or surrender, the appellants be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties, subject to conditions including cooperation with the trial and a bailor being a close relative
Source reference: p. 3-4Original Court PDF
Vishal Kumar Yadav @ Vishal KumarvsThe State of Bihar
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