Supreme Court reverses bail denial order by Justice Prabhat Kumar Singh in SC/ST Act case from Nawada

In Madan Mohan Prasad Verma & Ors. vs. The State of Bihar & Anr. (2026), Supreme Court's Division Bench of Justice Sandeep Mehta and Vijay Bishnoi passed a 3-page long order dated June 19, 2026, wherein, it condoned the delay, issued notice returnable on August 24. The order reads: "By way of an ad interim order, in the event of arrest, the petitioners shall be released on bail in connection with Excl. Spl. SC/St Case No. 37/22 arising out of complaint case no. 37/2022 pending before Exclusive Special Court SC/ST (Prevention of Atrocities) Act, Nawadah, Bihar, subject to their executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each, with one or more sureties in the like amount to the satisfaction of the Trial Court. However, the Petitioners are directed to cooperate with the investigation and report to the Investigating Officer as and when directed to do so. List again on 24th August, 2026." 

In Madan Mohan Prasad Verma & Ors. vs. The State of Bihar & Anr. (2026), Justice Prabhat Kumar Singh had passed a 2-page long order dated April 2, 2026, wherein, he concluded:" 4. In view of the aforesaid submissions and pronouncement of law rendered by the Hon’ble Supreme Court in the case of Bachu Das (supra), appellants’ prayer for grant of pre-arrest bail is rejected and this appeal stands dismissed. " 

In this case reliance was placed upon the decision dated February 3, 2014 by the Supreme Court in Bachu Das vs. State of Bihar and others reported in (2014) 3 Supreme Court Cases 471, wherein, the Court's Division Bench of Chief Justice of India P. Sathasivam and Ranjan Gogoi considered the offence under Section 3(1), as well as the bar provided under Section 18 of the SC/ST Act and, it concluded: "Section 18 of the SC/ST Act creates a bar for invoking Section 438 of the Code. However, a duty is cast on the court to verify the averments in the complaint and to find out whether an offence under Section 3(1) of the SC/ST Act has been prima facie made out. In other words, if there is a specific averment in the complaint, namely, insult or intimidation with intent to humiliate by calling with caste name, the accused persons are not entitled to anticipatory bail. The scope of Section 18 of the SC/ST Act read with Section 438 of the Code is such that it creates a specific bar in the grant of anticipatory bail. When an offence is registered against a person under the provisions of the SC/ST Act, no court shall entertain an application for anticipatory bail, unless it prima facie finds that such an offence is not made out. Moreover, while considering the application for bail, scope for appreciation of evidence and other material on record is limited. The court is not expected to indulge in critical analysis of the evidence on record. When a provision has been enacted in the Special Act to protect the persons who belong to the Scheduled Castes and the Scheduled Tribes and a bar has been imposed in granting bail under Section 438 of the Code, the provision in the Special Act cannot be easily brushed aside by elaborate discussion on the evidence." 

The Special P.P. appearing on behalf of the State and counsel for Ram Binita Devi, the complainant/Respondent No. 2 submitted before the High Court that the prayer for grant of pre-arrest bail to the appellants is not maintainable, as cognizance had already been taken by the trial court for the offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 

The appeal in the Patna High Court was filed for setting aside order dated September 25, 2024 passed by the Special Judge, Exclusive Special Court SC/ST (POA) Act, Nawada in A.B.P. No. 2442 of 2024, which arose out of a complaint case registered for the offence punishable under Sections 323, 341, 504, 506, 354B and 34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellants was rejected. Now the order by the trial court and by Justice Singh of the High Court has been reversed by the Supreme Court. 

 

 

Supreme Court says, Guddu Ray "shall not reside in or enter in the village Maqsoodpur, District-Patna, till the conclusion of the trial" in a murder case

In The State of Bihar & Anr. vs.  Baleshwari Devi (2026), Supreme Court's Division Bench of Justices M.M. Sundresh and N.K Singh passed a 3-page long order dated February 25, 2026. The order reads: "Despite notice served, none appears for the contesting respondent(s). Learned Senior counsel appearing for the petitioner would submit that a threat was extended by the private respondent to the petitioner even very recently. The Trial Court has also ordered further investigation. It is a case of gruesome murder. The petitioner’s son has been shot dead at point blank range. Though the allegations are quite serious, we are not inclined to interfere with the impugned order(s) only for the reason that the bail was granted to the private respondents as early as on 13.11.2024 and 20.11.2024. However, in view of the prevailing situation and the fact that the safety of the petitioner and her family is in question, particularly, when threats have been exerted against them by the private respondent in SLP(Crl) No.8371/2025, we direct that the private respondent in SLP(Crl) No.8371/2025 shall not reside in or enter in the village Maqsoodpur, District-Patna, till the conclusion of the trial. However, liberty is granted to the petitioner to seek cancellation of bail in the future in the event of a threat at the instance of the private respondent in SLP(Crl) No. 8371/2025. The Special Leave Petitions stand disposed of, accordingly." It was filed in the Supreme Court on January 12, 2025, registered on February 12, 2025 and verified on February 13, 2025.

Earlier, in Guddu Ray @ Guddu Kumar vs. The State of Bihar & Anr. (2024), Patna High Court's Justice Chandra Prakash Singh had passed a 3-page long order dated November 13, 2024 concluded: "In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 24.06.2024 passed by the learned Exclusive Special Judge, SC/ST Act, Civil Court, Patna Sadar in Serial No. 158 of 2024 arising out of Shahpur P.S. Case No. 147 of 2024, is set aside against the appellant. The criminal appeal is allowed. 7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Civil Court, Patna Sadar in Serial No. 158 of 2024 arising out of Shahpur P.S. Case No. 147 of 2024, with the condition/s:- (i) The appellant is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the appellant are liable to be cancelled." The Respondent No.2 was Baleshwari Devi. The criminal appeal was filed on July 23, 2024 and registered on July 26, 2024

The order was passed after hearing an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer for bail vide order dated June 27, 2024 passed by the Exclusive Special Judge, SC/ST Act, Civil Court, Patna Sadar in Serial No. 158 of 2024 which arose out of Shahpur P.S. Case of 2024 dated April 18, 2024 registered for the offence/s punishable u/ss 147, 148, 149, 341, 323, 307, 302, 338, 504, 506 of the Indian Penal Code, Section 27of the Arms Act and sections 3(1)(r)(s) / 3(2) (va) (v) of the SC/ST (POA) Act. 

As per the prosecution case, on April 14, 2024, the informant along with the some other people was celebrating Ambedkar Jyanti, in the meantime, some anti-social elements started abusing by taking her caste name for which the informant objected. Thereafter, on April 17, 2024, the appellant along with the other co-accused persons having arms came there and started pelting stones on her community members causing injuries to them. It was also alleged that they also fired on them due to that one Vikaram Kumar sustained gun shot injury and subsequently he died. The appellant submitted that the appellant was innocent and was falsely implicated in the case due to ulterior motive. The counsel also submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. As per FIR, no member of public was present at the relevant point of time of the alleged incident hence, no case was made out under section SC/ST Act. There was general and omnibus allegation against the appellant. There was no specific
allegation of firing against the appellant. The co-accused person was already granted regular bail by the High Court vide order dated August 22, 2024 passed in Cr. Appeal (SJ) No. 3192 of 2024. The appellant had no criminal antecedent. The appellant was in custody since April 19, 2024. 

Justice Chandra Prakash Singh 

Supreme Court stays summon order by Sessions Court endorsed by Justice Rajiv Roy of Patna High Court

In Keshaw Mahto @ Keshaw Kumar Mahto vs. The State of Bihar & Anr. (2025), Supreme Court's Division Bench of Justices J.B. Pardiwala and R. Mahadevan condoned the delay and passed the order staying the order of the Sessiosn Court. The 1-page long order dared August 8, 2025 reads: "In the meantime, the order passed by the Sessions Court summoning the petitioner herein to face the trial shall remain stayed from its operation." 

Earlier, in Keshaw Mahto @ Keshaw Kumar Mahto vs. The State of Bihar & Anr. (2025), Justice Rajiv Roy of Patna High Court had passed a 4-page long order dated February 15, 2025. The appellant had preferred an appeal for “quashing the order dated 09.10.2020 passed by the learned III Additional Sessions Judge-cum- Special Judge SC/ST, Bhagalpur passed in Shivnarayanpur, Kahalgaon, P.S. Case No. 451/2019 (G.R. No. 108/2019) offences alleged u/s 341, 323, 504, 506 and 34 of the I.P.C. and 3(i) (2) (s) SC/ST Act. Pending in the Court of III, Additional District and Sessions cum Special Judge, SC/ST, Bhagalpur.”

As per the prosecution story, the informant had alleged that while sitting with his friend at Aanganwari Center at Santhali Tola, in the meantime, the accused persons including one Jaynath Mahto (Mukhiya) came and after abusing and by taking caste name, resorted to assault. This was witnessed by the villagers. As the informant fled away from the scene, the allegation is that certain ornaments were also snatched. This led to the FIR. Subsequently, the matter was investigated whereafter it traveled to the Court of learned III Additional Sessions Judge-cum-Special Judge, SC/ST Act, Bhagalpur and after taking note of the FIR as also the witnesses, statement in paragraphs 3, 6 and 7, vide an order dated October 9, 2020, cognizance was taken in the matter. 

The appellant submitted that the occurrence had taken place at Aanganwari Center which is not an open place, an exaggerated version was presented and the Court in that background, erred in taking cognizance which needs interference.

Justice Roy observed: "10. Having heard the parties and perusing the record, a perusal of the FIR would show that the appellant is talking about the Anganwari Center and not the same inside the room. Further, as pointed out learned Spl.P.P. several names of the locals have been incorporated in the FIR who witnessed the occurrence. 11. In that background, the concerned Court was fully justified in taking up the matter and passing an order of cognizance against the appellant. 12. In that background, no interference is required. 13. Both the Interlocutory Application as well as present appeal stand dismissed."