Patna High Court
Ramvrit Sahani @ Rampreet SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the order refusing anticipatory bail and granted bail to the appellants subject to conditions under Section 482(2) of the BNSS.
Summary
The appeal filed by six Sahani brothers under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act challenged the trial court’s refusal to grant anticipatory bail in a case alleging offences under the Bhartiya Nayaya Sanhita and the SC/ST (POA) Act. The appellants contended that the notice was validly served, they were falsely implicated in a property dispute, and the alleged caste‑based abuse was vague and not made in public view. The State, represented by a Special Public Prosecutor, opposed the grant of bail. The Patna High Court held that the lower court erred in refusing bail, set aside its order, and granted anticipatory bail subject to conditions under Section 482(2) of the BNSS. Consequently, the appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 14‑A(2) of the SC/ST Act in the present circumstances.
- Whether the service of notice on the respondent was valid and sufficient to justify bail.
- Whether the allegations constitute a cognizable offence warranting denial of bail.
- Whether the trial court erred in refusing anticipatory bail.
Legislation cited
- Bhartiya Nayaya Sanhita (BNSS) — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2)
- SC/ST (Prevention of Atrocities) Act (POA) — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- Section 14-A
- Section 482
- service of notice
- false implication
- caste based offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1704 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- SC/ST District- East Champaran
======================================================
1. Ramvrit Sahani @ Rampreet Sahani son of Late Methur Sahani Village-
Gulariya, Po- Lakhnaura, Ps- Motihari Muffasil, Dist- East Champaran
2. Lalan Sahani son of Lal Bahadur Sahani @ Lalbabu Sahani Village-
Gulariya, Po- Lakhnaura, Ps- Motihari Muffasil, Dist- East Champaran
3. Ramesh Sahani son of Lal Bahadur Sahani @ Lalbabu Sahani Village-
Gulariya, Po- Lakhnaura, Ps- Motihari Muffasil, Dist- East Champaran
4. Dharmendra Sahani @ Dharmendra kumar son of Lal Bahadur Sahani @
Lalbabu Sahani Village- Gulariya, Po- Lakhnaura, Ps- Motihari Muffasil,
Dist- East Champaran
5. Tulsi Sahani Son of Lal Bahadur Sahani @ Lalbabu sahani Village-
Gulariya, Po- Lakhnaura, Ps- Motihari Muffasil, Dist- East Champaran
6. Lal Bahadur Sahani @ Lalbabu Sahani Son of Late Methur Sahani Village-
Gulariya, Po- Lakhnaura, Ps- Motihari Muffasil, Dist- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramagya Ram Son of Dhodha Ram @ Dhora Ram Village- Gulariya, Po-
Lakhnaura, Ps- Motihari Muffasil, Dist- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mohd Rustam Hussain, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 22-06-2026 1. Heard learned counsel for the appellants and
learned Special 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 06.03.2025 in A.B.P. No. 455 of 2025 passed by the
Patna High Court CR. APP (SJ) No.1704 of 2025(4) dt.22-06-2026
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Sri Dushyant Kumar, designated Special Judge S.C./S.T. (POA)
Act, East Champaran Motihari in connection with Motihari
SC/ST P.S. Case No. 03 of 2025 registered for the offences
punishable under Sections 126(2), 115(2), 303(2), 352, 351(2)
and 3(5) of the Bhartiya Nayaya Sanhita and Sections 3(1)(r)
and 3(1)(s) of the SC/ST (POA) Act.
3. Learned counsel appearing on behalf of the
appellants submits that from perusal of the office report dated
10.11.2025, it would manifest that the same records respondent
No. 2 being aware of and having taken notice declined to put the
signature on ordinary notice and the registered notice has been
received by the wife of the respondent No. 2.
4. In view of the office report dated 10.11.2025, the
notice is deemed to be validly served.
5. Learned counsel appearing on behalf of the
appellant submits that appellants have antecedent of one case, it
is next submitted that informant alleges that on 09.12.2024 at
08:00 AM, the accused persons, namely, Lal Bahadar, Ramvrit,
Lalan, Ramesh, Dharmendra, Tulsi and Tulsi were opening the
window and door forcibly on the land of the informant and
when the informant objected, all the accused persons abused
him by taking caste name and even assaulted him and Tulsi
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snatched Rs. 2,000/- from his pocket, on alarm villages came
and rescued him and the accused threatened to kill him.
6. Learned counsel appearing on behalf of the
appellants submits that appellants have been falsely implicated
in the instant case by the informant, it is next submitted that this
perhaps explains why the respondent No. 2 despite receiving the
notice chooses not to appear and contest, 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 opening of
window and door, the occurrence is alleged to have taken place.
It is also submitted that though allegation of abuse and assault is
alleged, but then the same is general and omnibus in nature and
the occurrence did not take place in public view.
7. Learned Special P.P. for the State opposes the
appeal.
8. In view of the submissions made by the learned
counsel for the appellants, order dated 06.03.2025 in A.B.P. No.
455 of 2025, is hereby set aside and the appellants above-
named, in the event of their arrest or surrender 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
Patna High Court CR. APP (SJ) No.1704 of 2025(4) dt.22-06-2026
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of the learned Trial Court where the case is pending/successor
court in connection with Motihari SC/ST P.S. Case No. 03 of
2025 subject to the conditions as laid down under Section 482
(2) of the BNSS.
9. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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