Facts
The appellant sought anticipatory bail following the refusal of his prayer by the Exclusive Special Judge, SC/ST Act, Patna, on 20.12.2025
Source reference: p. 1The prosecution alleged that the appellant and others hurled caste-based abuses and assaulted the informant's relatives with lathis and bricks
Source reference: p. 2, para. 3The appellant contended that the case was a "counter-blast" to a previously registered case (Masaurhi P.S. Case No. 827 of 2025) involving an assault on the appellant’s side
Source reference: p. 2, para. 4Despite notice, the informant (Respondent No. 2) did not appear
Source reference: p. 1, para. 1Issues
1. Whether the appellant is entitled to anticipatory bail under Section 14(A)(2) of the SC/ST Act, considering the existence of a counter-case and the nature of the allegations
Source reference: p. 2, para. 22. Whether a prima facie case under the SC/ST (Prevention of Atrocities) Act is established to bar the grant of anticipatory bail
Source reference: p. 3, para. 7Law Applied
The court applied Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, regarding appeals against bail orders
Source reference: p. 1, para. 2It also applied Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST Act concerning intentional insult and atrocities
Source reference: p. 1, para. 2Procedurally, the court invoked Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) [formerly Section 438 CrPC] to set conditions for anticipatory bail
Source reference: p. 3, para. 7Reasoning
The court evaluated the "case and counter-case" scenario, noting that both parties had filed FIRs regarding the same occurrence
Source reference: p. 3, para. 7The appellant argued that the informant's side, being in the majority, was the aggressor and had used the SC/ST Act as a retaliatory tool
Source reference: p. 2, para. 4The court observed a "prima facie absence of any cogent materials" specifically linking the appellant to the alleged caste-based offenses required to sustain the bar against anticipatory bail under the SC/ST Act
Source reference: p. 3, para. 7The court further noted that while the appellant had one prior criminal antecedent, he was currently on bail for that matter
Source reference: p. 2, para. 4Holding
The court allowed the appeal and set aside the impugned order dated 20.12.2025
It directed that in the event of arrest or surrender within eight weeks, the appellant be released on anticipatory bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions including cooperation with the trial and appearance on all court dates
Source reference: p. 3, para. 7Original Court PDF
Gulshan KumarvsThe State of Bihar
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