Patna High Court
Dashrath Chaudhary @ Bandu MallahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellants subject to bond and surety conditions.
Summary
The appellants were charged under several provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for forcibly ploughing the informant's land, verbally abusing him on caste grounds and assaulting him. The Special Judge had rejected their application for anticipatory bail. The appellants contended that the dispute was a genuine land conflict, that no public was present, and that they had a clean antecedent, arguing that the allegations did not constitute an offence under the SC/ST Act. The State and the second respondent opposed bail. The Patna High Court, considering the nature of the accusation and the appellants' clean record, granted bail on the condition of furnishing a Rs.10,000 bond with two sureties and set aside the Special Judge’s order rejecting bail for the appellants.
Issues considered
- Whether the allegations against the appellants under the SC/ST (Prevention of Atrocities) Act justify the denial of anticipatory bail.
- Whether the facts disclosed constitute an offence under the cited sections of the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the appellants' clean antecedent warrants the grant of bail despite the serious nature of the accusations.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 110, 115(3), 126(2), 3(5), 351(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste violence
- land dispute
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1057 of 2025
Arising Out of PS. Case No.-125 Year-2024 Thana- Bankebazar District- Gaya
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1. Dashrath Chaudhary @ Bandu Mallah S/o- Late Kail Mallah Resident of
Village- Dumrawa, P.S. Bankebazar, District- Gaya,
2. Baijnath Mallah @ Baijnath Chaudhary S/o- Late Yata Mallah Resident of
Village- Dumrawa, P.S. Bankebazar, District- Gaya,
3. Binod Mallah @ Binod Chaudhary S/o- Late Kail Mallah Resident of
Village- Dumrawa, P.S. Bankebazar, District- Gaya,
4. Pintu Kumar S/o- Dashrath Chaudhary @ Bandu Mallah Resident of
Village- Dumrawa, P.S. Bankebazar, District- Gaya,
5. Sintu Chaudhary @ Pinku Kumar S/o- Dashrath Chaudhary @ Bandu
Mallah Resident of Village- Dumrawa, P.S. Bankebazar, District- Gaya,
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramjeet Kumar S/o- Late Khelawan Bhuiya Resident of Village- Dumrawa,
P.S. Bankebazar, District- Gaya,
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Gajendra Kumar Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
For the R.No. 2 : Mr. Kumar Gangesh Ganjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-04-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
22.01.2025 passed by learned Exclusive Special Judge, SC/ST,
Act, Gaya in ABP No. 403 of 2024 arising out of Bankebazar
P.S. Case No. 125 of 2024 registered under Sections 126(2),
115(3), 351(3), 352, 110, 3(5) of the Bharatiya Nyaya Sanhita
and Section 3(1)(r)(s), 3(2)(va) of Scheduled Castes and
Patna High Court CR. APP (SJ) No.1057 of 2025(4) dt.23-04-2026
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Scheduled Tribes (Prevention of Atrocities) Act, whereby the
prayer for anticipatory bail of appellants has been rejected.
3. As per F.I.R., on 21.10.2024 at about 10 AM, these
appellants were forcibly ploughing the land of informant. Upon
protest, these appellants abused informant and others by caste
name and assaulted them.
4. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. There is
admitted land dispute between the parties and as a matter of
fact, informant and others were trying to grab the land of
appellants and when petitioners protested, altercation took place
between the parties. Allegation of assault is general and
omnibus. It is not the case of informant that any member of
public was present at the place of occurrence and as such, no
case under SC/ST Act is made out against the appellants.
Appellants claim clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, let the appellants, as named above, in the event of
their arrest/surrender within a period of eight weeks from today,
Patna High Court CR. APP (SJ) No.1057 of 2025(4) dt.23-04-2026
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be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, SC/ST, Act,
Gaya in ABP No. 403 of 2024 arising out of Bankebazar P.S.
Case No. 125 of 2024.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 22.01.2025 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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