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Patna High Court

Om Narayan Singh @ Om Narayan PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                           3/3




                        Criminal Procedure.

                                        8. This application stands allowed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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