Patna High Court
Danish @ Danish Ali @ Md. Danish AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted subject to conditions.
Summary
The appellant, Danish Ali, was charged under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting an informant, Shaktiman Pasi, with a stick and hurling caste‑based slurs after a dispute over a stolen mobile phone. The lower court rejected his application for anticipatory bail. On appeal, the High Court noted that the appellant has a clean antecedent, the FIR contains only general allegations against him, and the injuries sustained were simple. Considering these factors, the Court held that there was no specific case against the appellant under the SC/ST Act warranting denial of bail. Consequently, the Court granted anticipatory bail subject to standard conditions and set aside the lower court’s order.
Issues considered
- What is the appropriate standard for granting anticipatory bail under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act when the FIR contains only general allegations?
- Whether the absence of specific allegations against the appellant and the nature of the injuries justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 109, 115(2), 126(2), 3(1)(r), 3(1)(s), 3(1)(v), 3(5)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1975 of 2025
Arising Out of PS. Case No.-772 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Danish @ Danish Ali @ Md. Danish Ali S/o Late Altaf Hussain @ Late Md.
Altaf Hussain R/o Village- Chhawani Muhalla, ward no 8, Bhabua, PS-
Bhabua, District- Kaimur at Bhabua
... ... Appellant/s
Versus
1. The State of Bihar
2. Shaktiman S/o Ramji Pasi R/o Village- Bhabua, ward no. 7, PS- Bhabua,
District- Kaimur at Bhabua, Pin Code- 821101
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Parwej Khan, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 13-02-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor appearing for the State. Although the
notice has been validly served upon respondent No.2, there is no
representation on his behalf.
2. This appeal under Section 14A(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
02.05.2025 passed by learned District and Additional Sessions
Judge-1st-cum-Special Judge, Kaimur at Bhabua, in A.B.P. No.
725 of 2025 in connection with Bhabua P.S. Case No. 772 of
2024, registered under Sections 126(2), 115(2), 109 and 3(5) of
the B.N.S read with Section 3(1)(r)(s) and 3(1)(v) of Scheduled
Patna High Court CR. APP (SJ) No.1975 of 2025(3) dt.13-02-2026
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Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, whereby the prayer for grant of anticipatory bail of the
appellant has been rejected.
3. As per the prosecution case, the informant,
namely, Shaktiman Pasi, was going to work on a motorcycle
with his two friends, Sagar and Munna. When they reached near
the Dev Ji Temple, the appellant along with co-accused persons,
namely Lucky Patel, Rishu Pandey, Nitish Kumar, Bandal
Pandey, Vishal and Samar as well as 8-10 unknown person
intercepted the informant and started assaulting the informant by
means of stick due to which the informant sustained head injury
and hurling caste-based slurs at him. The reason for the conflict
was that few days ago, the accused Rishu Pandey had taken
mobile phone of the informant's brother and when the informant
approached him to request the return of the device, he refused,
leading to this incident.
4. Learned counsel appearing for the appellant
submits that the appellant bears clean antecedent and is
innocent. He further submits that it appears from the F.I.R. itself
that there is general and omnibus allegation levelled against the
appellant and nothing specific has been alleged against him. It
has further been submitted that altogether four injuries have
Patna High Court CR. APP (SJ) No.1975 of 2025(3) dt.13-02-2026
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been sustained by the informant and all injuries are simple in
nature. As regards allegation of abuse with the caste name
attracting the rigours of SC & ST Act is concerned, it is not
committed in a public place nor any person has been named to
be present at the place of occurrence when the alleged offence
of abuse was being committed. He further submits that no case,
as alleged in the F.I.R, attracting rigours of SC & ST Act, is
made out against the appellant. Hence, the impugned order may
be set aside and the appellant may be granted the privilege of
anticipatory bail.
5. Learned Special Public Prosecutor for the State
has vehemently opposed the prayer for grant of anticipatory bail
to the appellant.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellant bears clean
antecedent coupled with the fact that there is no specific
allegation against the appellant and the injuries which were
sustained by the informant are simple in nature, let the above
named appellant in the event of his arrest/surrender within a
period of six weeks 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 District and
Patna High Court CR. APP (SJ) No.1975 of 2025(3) dt.13-02-2026
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Additional Sessions Judge-1st-cum-Special Judge, Kaimur at
Bhabua, in connection with Bhabua P.S. Case No. 772 of 2024,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S/Section 438(2) of the Cr.P.C.
7. Accordingly, this appeal is allowed and the
impugned order dated 02.05.2025 rejecting the prayer for grant
of anticipatory bail to the appellant is, hereby, set aside.
(Praveen Kumar, J)
Jyoti/-
U T
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