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Patna High Court

Dashrath Chaudhary @ Bandu MallahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                             2/3




          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
                                                           3/3




                        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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