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Patna High Court

Akhilesh Kumar SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted subject to conditions.

Summary

The appellants, three members of the Sahani family, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and several IPC provisions for allegedly assaulting informant Dashrath Sah with caste‑based slurs on 29 September 2024. The Special Judge had rejected their application for anticipatory bail, citing the seriousness of the offences, the injuries to the informant and an 18‑day delay in filing the FIR. The appellants contended that the FIR was vague, the injuries were non‑vital, the alleged abuse was not committed in a public place, and therefore anticipatory bail should be granted. The High Court, after considering the delay, the nature of injuries and the lack of a public‑place element, allowed the appeal, set aside the order refusing bail, and directed that the appellants be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Sections 438(2) and 482(2) of the Cr.P.C. The order of the Special Judge was thus overturned.

Issues considered

  • What is the appropriate exercise of discretion by the Special Judge in refusing anticipatory bail under Section 14A(2) of the SC/ST Act?
  • Does the 18‑day delay in filing the FIR and the nature of the injuries justify denial of anticipatory bail?
  • Was the alleged caste‑based abuse committed in a public place, a requisite for invoking the SC/ST Act?
  • Do the specific allegations in the FIR satisfy the requirements for granting anticipatory bail under the Cr.P.C.?

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • FIR delay
  • assault
  • public place requirement
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2148 of 2025
                   Arising Out of PS. Case No.-453 Year-2024 Thana- SUGAULI District- East Champaran
                 ======================================================
           1.     Akhilesh Kumar Sahani S/o Bhikhari Sahani R/o Village -Baksha Tola Hata,
                  PS-Sugauli, District East-Champaran
           2.    Mahavir Sahani S/o Bhikhari sahani R/o Village -Baksha Tola Hata, PS-
                 Sugauli, District East-Champaran
           3.    Amarnath Sahani S/o Surendranagar Sahani R/o Village-Ledihar, P.S.-
                 Sugauli, District- East Champaran

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar Patna
           2.    Dasrath Sah S/o Gyani Sah R/o Village-Ledihar, P.S- Sugaului, District- East
                 Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rajeev Ranjan, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Spl PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

6   18-02-2026                  Heard learned counsel for the appellants 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 Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   22.04.2025 passed by learned Special Judge, SC/ST Act, East

                   Champaran, East Champaran, in A.B.P. No. 1505 of 2025 in

                   connection with Sugauli P.S. Case No. 453 of 2024, registered
Patna High Court CR. APP (SJ) No.2148 of 2025(6) dt.18-02-2026
                                             2/4




          under Sections 126(2), 115(2), 118(1), 352, 351(2) the B.N.S.

          read with Section 3(1)(r)(s) of Scheduled Castes and Scheduled

          Tribes (Prevention of Atrocities) Act, whereby the prayer for

          grant of anticipatory bail of the appellant has been rejected.

                          3. As per the prosecution case, on 29.09.2024 at

          about 10:00 A.M., the informant, Dashrath Sah (Gond), was

          going to Suguli and when he reached near Sahani Tent House at

          that moment the appellants along with 10-12 unknown

          miscreants intercepted him and hurled caste-based slurs at him

          and assaulted him by means of lathi and daab on his head but

          somehow the informant saved himself and in this scuffle, the

          informant got injury in his hand. On hulla, nearby people came

          and took the informant to Prima Health Centre, Suguali and

          from there he was referred to Sadar Hospital, Motihari for

          further treatment. It is further alleged that the reason for conflict

          was that on 16.05.2023, six persons assaulted the informant over

          extortion of money. Consequently, the informant lodged the FIR

          bearing Sugauli P.S. Case No. 189 of 2023 against them and

          Akhilesh Kumar Sahani (appellant no. 1) was also present at the

          place of occurrence and all the accused persons threatened the

          informant to kill him and his family if he would not compromise

          the case.
Patna High Court CR. APP (SJ) No.2148 of 2025(6) dt.18-02-2026
                                             3/4




                          4. Learned counsel appearing for the appellants

          submits that the appellants are innocent and have falsely been

          implicated in this case. It has further been submitted that there is

          a delay of eighteen days in filing the present F.I.R., without

          giving any plausible explanation for the same. He further

          submits that it appears from the F.I.R. itself that there is general

          and omnibus allegation against the appellant and nothing

          specific has been alleged against them. It is also submitted that

          though several injuries were received by the informant but on

          perusal of the injury report which is mentioned in the case diary

          it appears that all the injuries are on non-vital part of the body.

          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. Hence, the impugned order may be set aside

          and the appellants 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
              Patna High Court CR. APP (SJ) No.2148 of 2025(6) dt.18-02-2026
                                                           4/4




                        the case and the fact that there is a delay of eighteen days in

                        filing the present FIR and injuries which are received by the

                        informant are on non-vital part of the body and the allegation

                        does not seem to have been committed within public view, let

                        the above named appellants in the event of their arrest/surrender

                        within a period of six weeks be released on bail on furnishing

                        bail bond of Rs. 10,000/- (Ten thousand) each with two sureties

                        of the like amount each to the satisfaction of the learned Special

                        Judge, SC/ST Act, East Champaran, East Champaran,               in

                        connection with Sugauli P.S. Case No. 453 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 22.04.2025 rejecting the prayer for grant

                        of anticipatory bail to the appellants is, hereby, set aside.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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