Patna High Court
Akhilesh Kumar SahaniversusThe 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 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
- B.N.S.S.
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 115(2), 118(1), 126(2), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r), 3(1)(s)
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
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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
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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
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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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