Prabhakar Kuar @ Prabhakar Kumar v. the State of Bihar through Ssp Patna
Case brief
What is this about?
CR. WJC No.1297 of 2019, Patna High Court, Justice Jitendra Kumar, order dated 09-02-2026. Quashing of FIR - Patna SC/ST P.S. Case No. 48 of 2018 dated 09.10.2018. SC/ST (Prevention of Atrocities) Act sections 3(1)(r)(F)(G)(W)/3(2)(Va) quashed; FIR retained for IPC offences Ss.448, 452, 379, 420, 120(B)/34. Ground: informant/victim of Tanti/Tattwan community (Extremely Backward Class, Bihar); Bihar Government resolution dated 01.07.2015 equating Tanti/Tattwan with Pan/Swansi (Entry-20, SC list) struck down as illegal by Supreme Court in Dr. Bhim Rao Ambedkar Vichar Manch Bihar, Patna with Ashish Rajak Vs. State of Bihar, 2024 (e) PLJR-SC 73809; State and informant counsel conceded. Petition partly allowed.
What did the court decide?
Quashing of the Sections 3(1)(r)(F)(G)(W)/3(2)(Va) of the SC/ST Atrocities Act, 2016 from F.I.R. Patna SC/ST P.S. Case No. 48 of 2018; the F.I.R. subsists for the remaining Indian Penal Code offences (Sections 448, 452, 379, 420, 120(B)/34 IPC), which may proceed as per law.