Patna High Court
Pappu Sah @ Pappu SawversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellants subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The appellants, Pappu, Mantu and Bhaju, were charged under several provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting an informant and his brother on 30‑12‑2024. They contended that they have clean antecedents, were falsely implicated, and that the alleged assault occurred inside the informant’s house, not in public view, making the FIR vague. The Special Public Prosecutor opposed their plea for anticipatory bail, which had been rejected by the District and Additional Sessions Judge on 16‑04‑2025. The Patna High Court, after hearing arguments, set aside the lower court’s order, allowed the appeal, and directed that the appellants be released on bail upon furnishing bail bonds of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The decision rests on the insufficiency of the allegations and the appellants’ claim of false implication.
Issues considered
- Whether the order rejecting anticipatory bail under the SC/ST (Prevention of Atrocities) Act should be set aside.
- Whether the allegations in the FIR disclose a cognizable offence sufficient to deny bail.
- Whether the appellants are entitled to bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 109, 115(2), 126(2), 3(5), 351(1), 352, 482(2)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- assault
- bail under Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2029 of 2025
Arising Out of PS. Case No.-290 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
1. Pappu Sah @ Pappu Saw S/o Bhaju Sah @ Bhajju Saw @ Ram Bhajju Saw
R/o Vill.- Abgil, P.S.- Medni Chauki, Distt.- Lakhisarai
2. Mantu Sah @ Mantu Saw @ S/o Bhaju Sah @ Bhajju Saw @ Ram Bhajju
Saw R/o Vill.- Abgil, P.S.- Medni Chauki, Distt.- Lakhisarai
3. Bhaju Sah @ Bhajju Saw @ Ram Bhajju Saw S/o Late Gogu Sah R/o Vill.-
Abgil, P.S.- Medni Chauki, Distt.- Lakhisarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Safinder Sada S/o Late Tishan Sada R/o Vill.- Abgil, P.S.- Medni Chauki,
Distt.- Lakhisarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mukesh Kumar
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 13-07-2026 1. Heard the learned counsel for the appellants, the
learned Special Public Prosecutor for the State, Mr. Sadanand
Paswan.
2. No one appears on behalf of the informant.
3. The appellants have challenged the order dated
16.04.2025 passed by the learned District and Additional
Sessions Judge 1st cum Special Judge, SC/ST Act, Lakhisarai, in
connection with Medni Chauki P.S. Case No. 290 of 2024
instituted for the offences under Sections 126(2), 115(2), 109,
352, 351(1) and 3(5) of the BNS and Section 3(i)(r)(s) and 3(2)
Patna High Court CR. APP (SJ) No.2029 of 2025(5) dt.13-07-2026
2/3
(va) of the Scheduled Castes & Scheduled Tribes (Prevention of
Atrocities) Act, 1989, whereby their prayer for grant of
anticipatory bail has been rejected.
4. Learned counsel appearing on behalf of the
appellants submits that appellants are persons with clean
antecedent and the informant alleges that on 30.12.2024 at 8:50
a.m., named accused persons including the appellants came and
started abusing the informant by taking caste name and
assaulted with lathi, danta, khanti, brick and stones when
informant was sitting at his door, and the named accused
persons even assaulted his brother when he came to save him.
5. The learned counsel for the appellants submits that
the 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 the
occurrence took place at the house of the informant thus was not
in public view. It is further submitted that on account of
dispute, an altercation took place in which both side assaulted
each other it is also submitted that appellants are related. It is
next submitted that from side of the present appellants Medni
Chauki P.S. Case No. 291 of 2024 was instituted against the
informant and others. It is next submitted that even allegation of
Patna High Court CR. APP (SJ) No.2029 of 2025(5) dt.13-07-2026
3/3
assault is not specific.
6. Learned Special P.P. opposes the appeal.
7. Considering the submissions of the parties, the
order dated 16.04.2025 is set-aside.
8. The appeal stands allowed.
9. The appellants, above-named, in the event of their
arrest or surrender before the learned Court below within a
period of eight weeks, are directed to be released on bail on
their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned District and Additional Sessions
Judge 1st cum Special Judge, SC/ST Act, Lakhisarai, in
connection with Medni Chauki P.S. Case No. 290 of 2024,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
vikram/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.