Patna High Court
Ajay MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The refusal of anticipatory bail was unwarranted and the order was set aside, granting bail to the appellants.
Summary
The appellants, Ajay Mandal and Shiv Dayal Singh, were charged under the SC/ST (Prevention of Atrocities) Act and several IPC offences for allegedly assaulting a woman and her husband during a land‑boundary dispute. The Special Judge had refused their prayer for anticipatory bail on 15‑02‑2025. The appellants appealed under Section 14‑A(2) of the SC/ST Act, contending that the notice was properly served, the complainant failed to appear, they have clean antecedents and the allegations against them are vague and false. The State opposed the appeal. The High Court held that the refusal of anticipatory bail was unwarranted, set aside the lower court’s order and granted anticipatory bail subject to conditions under Section 482(2) of the CrPC. Consequently, the appeal was allowed.
Issues considered
- Whether the refusal of anticipatory bail under the SC/ST (Prevention of Atrocities) Act was justified.
- Whether the allegations in the FIR sufficiently identify the appellants to deny bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 384, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- land dispute
- assault
- Criminal Procedure Code
- Section 14-A
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1240 of 2025
Arising Out of PS. Case No.-1 Year-2024 Thana- SC/ST District- Muzaffarpur
======================================================
1. Ajay Mandal Son of Dhana Mandal Resident of Village - Madhuban, P.S.-
Aurai, District - Muzaffarpur
2. Shiv Dayal Singh @ Shivdayal Mahto Son of Parmeshvr Singh Resident of
Village - Madhuban, P.S.- Aurai, District - Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Sudha Kumari Wife of Amar Ram Resident of Village - Madhuban, P.S.-
Aurai, Dist.- Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 28-01-2026 1. Heard learned counsel for the appellants and
learned Spl. P.P. for the State, Ms. Usha Kumari 1.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 15.02.2025 in A.B.P. No. 3897 of 2024 passed by
the learned Special Judge S.C./S.T. (POA) Act, Muzaffarpur in
connection with SC/ST P.S. Case No. 01 of 2024 registered for
the offences punishable under Sections 341, 323, 427, 384, 504,
506 and 34 of the Indian Penal Code as well as Sections 3(1)(r)
Patna High Court CR. APP (SJ) No.1240 of 2025(5) dt.28-01-2026
2/3
(s) of the SC/ST Act.
3. Learned counsel for the appellants submits that
from perusal of the office report dated 07.01.2026, it would
manifest that the notice has been validly served upon respondent
no. 2, but then respondent no. 2 despite receiving notice chooses
not to appear and contest. It is next submitted that appellants are
persons with clean antecedent and the informant alleges that on
25.12.2023, she was getting her boundary constructed at 08:40
AM, when accused persons came and stopped the construction
work, thereafter abused by taking caste name and assaulted her
and thereafter assaulted her husband, it is also alleged that
accused persons are land grabbers.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that on
account of dispute relating to land, the occurrence is alleged to
have taken place. It is next submitted that no doubt it is alleged
that accused persons including the appellants abused and
assaulted the informant and her husband, but then allegation of
abuse and assault is general and omnibus in nature i.e. no
specific allegation of abusing and assaulting is alleged against
Patna High Court CR. APP (SJ) No.1240 of 2025(5) dt.28-01-2026
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the appellants.
5. Learned Spl. P.P. for the State opposes the
appeal.
6. In view of the submissions made by the learned
counsel for the appellants, the order dated 15.02.2025 in A.B.P.
No. 3897 of 2024 passed by the learned Special Judge S.C./S.T.
(POA) Act, Muzaffarpur in connection with SC/ST P.S. Case
No. 01 of 2024, is hereby set aside and the appellants above-
named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
SC/ST P.S. Case No. 01 of 2024 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. Accordingly the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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