Anticipatory bail is maintainable under the SC/ST Act where allegations lack specificity and injuries are superficial.

The five appellants sought anticipatory bail following the refusal of their prayer by the Exclusive Special Judge, SC/ST, East Champaran, on 10.12.2025

The prosecution alleged that due to a land dispute, the appellants abused the informant using her caste name. Specifically, appellant Rasul Mian allegedly struck the informant with an iron rod, while others assaulted Hiramati Devi and Sanju Devi

The appellants contended that the FIR was a delayed, fabricated counter-blast to a land dispute, and that medical reports indicated only simple, superficial injuries

1. Whether the appellants are entitled to anticipatory bail under Section 14(A)(2) of the SC/ST Act, notwithstanding the bar under the Act, given the nature of the allegations and underlying land dispute

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

It considered Sections 126(2), 115(2), 118(1), 109, 74, 303(2), 352, 351(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), alongside Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act

Procedurally, the court applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding conditions for bail

The core principle applied is that the bar on anticipatory bail in SC/ST cases is not absolute if a prima facie case is not substantively made out or if the allegations are non-specific and rooted in civil disputes

The court observed that the allegations against the appellants were general and non-specific

the court found a discrepancy between the oral testimony and medical evidence; while the informant alleged a skull fracture and serious injuries, the medical reports showed only simple and superficial wounds

The court noted the existence of a pre-existing land dispute, suggesting a possible motive for false implication to exert pressure

the court reasoned that there was an absence of substantive material to prima facie establish a case specifically under the SC/ST Act within the context of a property conflict

The court allowed the appeal and directed that in the event of arrest or surrender, the appellants be released on bail upon furnishing bonds of Rs. 10,000/- each with two sureties, subject to the conditions that one bailor must be a close relative and the appellants must attend all trial dates