Patna High Court
Om Narayan Singh @ Om Narayan PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed; the order denying bail is set aside and bail is granted subject to conditions.
Summary
The appellant, Om Narayan Singh, was denied bail by the Special Judge under the SC/ST (Prevention of Atrocities) Act in a case involving alleged offences of rioting, assault, and other IPC crimes, as well as sections of the SC/ST Act. The prosecution alleged that the appellant disturbed the possession of an informant and committed multiple offences. The appellant’s counsel argued that the charges were based on general and omnibus allegations and that the dispute was essentially a land conflict masquerading as a SC/ST offence. The High Court examined whether the allegations justified the denial of bail and whether the case truly fell within the ambit of the SC/ST Act. Finding the allegations vague and the case primarily a land dispute, the Court set aside the Special Judge’s order and granted bail subject to a bond and sureties under Section 438(2) of the CrPC. The application for bail was therefore allowed.
Issues considered
- Whether the bail denial was justified in view of general and omnibus allegations under the SC/ST Act
- Whether the matter constitutes a genuine offence under the SC/ST (Prevention of Atrocities) Act or a land dispute
- Whether the evidence disclosed in the FIR suffices to sustain the charges and deny bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 149, 323, 341, 354, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- bail
- SC/ST Act
- omnibus allegation
- land dispute
- Criminal Procedure Code
- Section 438
- Special Judge
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1101 of 2025
Arising Out of PS. Case No.-230 Year-2023 Thana- KHANPURA District- Samastipur
======================================================
Om Narayan Singh @ Om Narayan Prasad S/O Bilat Mahto @ Bilat Prasad
@ Vilat Mahto R/O Village- Dekari (Chakawakhar), P.S- Khanpur, Dist.-
Samastipur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajgir Ram S/O Late Faguni Ram R/O Village- Masina Sobhan (Maina),
P.S- Khanpur, Distt.- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Pramod Kumar Singh, Advocate
For the Respondent/s : Ms.Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 03-04-2026 Heard learned counsel for the parties.
2. The present appeal has been filed against the
order dated 11.12.2024 passed by the learned Special Judge
SC/ST (POA) Act, Samastipur in A.B.P. No. 3337 of 2024
arising out of Khanpur P.S. Case No. 230 of 2023 dated
01.09.2023 instituted for the offences under Sections 147, 149,
341, 323, 354, 379, 504, 506 of the I.P.C. and Sections 3(1)(r),
3(1)(s), 3(2)(va), 3(1)(w) of the SC/ST Act pending in the court
of Special Judge SC/ST (POA) Act, Samastipur by which the
prayer of the appellant for bail has been rejected.
3. As per the prosecution case, appellant along with
others is alleged to have disturbed the possession of the
Patna High Court CR. APP (SJ) No.1101 of 2025(3) dt.03-04-2026
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informant and other victim.
4. Learned counsel for the appellant submits that
there is general and omnibus allegations against the appellant of
offences under SC/ST Act and other sections.
5. Learned counsel for the appellant further submits
that from reading of the F.I.R., it appears that primarily this is
case of land dispute which has been given the colour of a
dispute under SC/ST Act.
6. In these circumstances, considering the fact that
there is general and omnibus allegation against the appellant,
this appeal is allowed. Accordingly, the impugned order dated
11.12.2024 passed by the learned Special Judge SC/ST (POA)
Act, Samastipur in A.B.P. No. 3337 of 2024 arising out of
Khanpur P.S. Case No. 230 of 2023 is hereby set aside.
7. Let the appellant, above named, in the event of
their arrest/surrender within four weeks from today in the Court
below, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge SC/ST
(POA) Act, Samsatipur/concerned Court below in connection
with Khanpur P.S. Case No. 230 of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. APP (SJ) No.1101 of 2025(3) dt.03-04-2026
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Criminal Procedure.
8. This application stands allowed.
(Sandeep Kumar, J)
tusharika/-
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