Patna High Court
Md RajanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the trial court’s order refusing anticipatory bail and allowed the appeal, granting anticipatory bail subject to conditions.
Summary
The appellants, eight residents of Ustu village, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Bihar Negotiable Instruments Act, 2023 for alleged assault and caste-based abuse during a dispute over an obscene song. The trial court denied their prayer for anticipatory bail. The appellants appealed under Section 14‑A(2) of the SC/ST Act, contending that the FIR contained only vague, omnibus allegations and that no serious injury was proved. The State opposed the bail, but could not counter the claim that the allegations were unspecific and that the injured party was not taken to hospital. The Patna High Court held that the lower court’s refusal was untenable, set aside the order, and granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the CrPC. Consequently, the appeal was allowed and the appellants were released on anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under the SC/ST (Prevention of Atrocities) Act under Section 14‑A(2).
- Whether the FIR’s allegations are sufficiently specific to justify denial of anticipatory bail.
- Whether the alleged caste‑based assault and abuse warrant the denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- false allegations
- Section 14-A
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2247 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- LODIPUR District- Bhagalpur
======================================================
1. Md Rajan Md Jubair @ Juber Resident of Village Ustu , PS - Lodipur,
Distt.-Bhagalpur
2. Md. Pappu @ Md. Rustam Son of Late Musaraf Resident of Village Ustu ,
PS - Lodipur, Distt.-Bhagalpur
3. Md. Jubair @ Jubair@ Juber Son of Master @ Mahafuj Resident of Village
Ustu , PS - Lodipur, Distt.-Bhagalpur
4. Md. Sanni Md. Jubair @ Juber Resident of Village Ustu , PS - Lodipur,
Distt.-Bhagalpur
5. Md. Tipu Md. Jubair @ Juber Resident of Village Ustu , PS - Lodipur,
Distt.-Bhagalpur
6. Md. Barku @ Md. Kuraish Son of Md. Tufani @ Jabbar Resident of Village
Ustu , PS - Lodipur, Distt.-Bhagalpur
7. Md. Jabbar son of Late Master @ Mahafuj Resident of Village Ustu , PS -
Lodipur, Distt.-Bhagalpur
8. Md. Minaj @ Minhaj Son of Md. Jubair @Juber Resident of Village Ustu ,
PS - Lodipur, Distt.-Bhagalpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Anjali Devi Wife of Mangaru Ravidas Resident of Village Ustu , PS -
Lodipur, Distt.-Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dilip Kumar, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 04-02-2026 1. Heard learned counsel for the appellants, learned
Special P.P. Mr. Sadanand Paswan and the learned counsel
appearing on behalf of the informant.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.2247 of 2025(4) dt.04-02-2026
2/4
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 15.05.2025 in A.B.P. No. 965/2025 passed by the
learned District and Additional Sessions Judge-III-cum-Special
Judge, SC/ST Act, Bhagalpur in connection with Lodipur P.S.
Case No.35/2025, registered under Sections 191(2), 191(3), 190,
126(2), 115(2), 109(1), 352, 351(2) of the BNS, 2023 as well as
Sections 3(1)(r)(s) of the SC/ST (POA) Act.
3. Learned counsel for the appellants submits that the
appellants are persons with clean antecedent and the informant
alleges that on 17.02.2025 the accused persons including the
eight appellants were playing obscene Bhojpuri song, on
objection, Sanni assaulted Nawal by pistol and lathi and also
abused by taking caste name, it is next alleged that on account
of assault, Ravi suffered injury on head, further also assaulted
the informant and others who tried to save Nawal, next alleges
that Sanni keep fighting with Nawal.
4. Learned counsel for the appellants submits that
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
allegation of abuse is general and omnibus in nature. It is further
Patna High Court CR. APP (SJ) No.2247 of 2025(4) dt.04-02-2026
3/4
submitted that as far as assault is alleged, specific allegation of
assault is against Sanni. It is next submitted that though it is
alleged that Sanni assaulted Nawal causing injury on head but
then from perusal of the allegation as alleged in the FIR, it
would manifest that the same does not even remotely suggest
that the injured were taken to hospital, which amply
demonstrates the falsity of the occurrence. It is also submitted
that on account of dispute relating to playing of song, an
altercation took place but then no one assaulted but the
informant by way of afterthought instituted the instant case.
5. Learned Special Public Prosecutor and the learned
counsel appearing on behalf of the informant opposes the prayer
for anticipatory bail of the appellants but then the learned
counsel for the informant is not in a position to rebut the
submission of the learned counsel appearing on behalf of the
appellants that allegation of abuse and assault is general and
omnibus in nature and the injured was not taken to the hospital.
6. Considering the submission of the learned counsel
for the appellants, the order impugned is set aside. Let the
appellants, above named, in the event of their arrest or surrender
before the learned Court below within a period of six weeks
from the date of receipt of the order, be released on anticipatory
Patna High Court CR. APP (SJ) No.2247 of 2025(4) dt.04-02-2026
4/4
bail on furnishing bail bond of Rs.5,000/- (rupees five thousand)
with two sureties of the like amount each to the satisfaction of
the learned court below where the case is pending in connection
with the aforesaid case, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…