Patna High Court
Sanjay ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court granted anticipatory bail to the appellant, setting aside the order of refusal.
Summary
The appellant, Sanjay Thakur, was charged under several provisions of the B.N.S. 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and his wife and using caste-based slurs during a minor dispute over cow dung. He applied for anticipatory bail before a Special Judge, which was denied, prompting an appeal to the Patna High Court. The appellant argued that the incident was a trivial neighbourhood quarrel, that the caste slur was not intended to humiliate, and that he was not absconding, citing a Supreme Court decision that a Section 82 declaration does not automatically bar anticipatory bail. The State opposed bail, emphasizing the specific naming of the appellant in the FIR and the caste insult. Considering the overall background, the court found the dispute minor and granted anticipatory bail, setting aside the earlier order refusing it.
Issues considered
- Whether anticipatory bail should be granted in offences under the SC/ST Act when the alleged conduct stems from a trivial neighbourhood dispute.
- Whether a declaration under Section 82 of the CrPC precludes consideration of an anticipatory bail application.
- Whether the appellant's alleged use of caste-based language constitutes an offence warranting denial of bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 352
- Code of Criminal Procedure, 1973 — s. 82, 83, 84, 85
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste insult
- assault
- Section 82 CrPC
- trivial dispute
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2471 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- Amhara P.S. (I.I.T.A. Bihta) District- Patna
======================================================
Sanjay Thakur S/o Shri Subhash Thakur R/o Vill- Rajpur, P.S.- IIT Amhara,
Distt- Patna
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Akshaylal Ram S/o Ramkaran Ram R/o Vill- Rajpur, P.S.- IIT Amhara,
Distt- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ghanshyam
Mr.Amarendra Kumar
For the Respondent/s : Mrs.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 16-04-2026 1. Heard the parties.
2. The appellant has filed the present appeal for grant of
anticipatory bail after refusal of his prayer for anticipatory bail
by learned Exclusive Special Judge SC/ST, Patna on
31-05-2025 in ABP No. 1729 / 2025 arising out of IIT Amhara
P.S. Case No.- 41 / 2025 registered for an offence u/s- 126(2) /
115(2) / 109 / 352 / 3(5) of the B.N.S. 2023 & Section 3(1)(r)(s)
(w) / 3(2)(va) SC/ST Act.
3. As per the F.I.R. on 18.03.2024 in the morning the
appellant along with other accused persons arrived at the door of
the informant, started abusing and when protested, the appellant
and others called him by his caste name. When the wife of the
Patna High Court CR. APP (SJ) No.2471 of 2025(5) dt.16-04-2026
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informant intervened in order to save him, the accused persons
also assaulted her causing head injury.
4. Learned counsel for the appellant submits that both the
parties are co-villagers and neighbours and occurrence has taken
place on a trivial issue of throwing cow dung in polythene along
with some stone chips. The allegation of calling by caste name
is not with intention to humiliate or demean the informant or his
family members. The allegation of calling by caste name is an
exaggeration and only minor scuffle took place in which simple
injury has been caused to the victim. He further submits that the
appellant filed anticipatory bail application before the learned
Special Court on 23.04.2025 and after rejection of the same, the
present appeal for grant of anticipatory bail was filed by the
appellant before this court on 25.06.2025. The appellant was not
absconding, however, during pendency of this appeal process
under Section 82, 83 Cr.P.C. ( Section 84 & 85 B.N.S.S.) has
been issued. Referring to the judgment passed in the case of
Asha Dubey versus State of Madhya Pradesh reported in 2024
SCC OnLine SC 5633, learned counsel submits that the Hon’ble
Supreme Court has clarified that in the event of declaration
under section 82 Cr.P.C., it is not as if in all cases there will be a
total embargo on considering the application for grant of
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3/4
anticipatory bail and when liberty of the appellant is pitted
against, the court has to see the circumstances of the case,
nature of the offence and the background based on which such a
proclamation was issued.
5. No one appears for the respondent no. 2- informant
despite service of notice.
6. Learned counsel for the State opposed the prayer for
bail and submits that the appellant is specifically named in the
F.I.R. and he has called the informant and his family members
by their caste name.
7. Regard being had to the submission made by the parties,
taking into consideration the the background of the case in
totality and the fact that both the parties are neighbours and
occurrence has taken place on a trivial issue, accordingly, I am
inclined to grant anticipatory bail to the appellant.
8. Accordingly, the order dated 31-05-2025 passed in
A.B.P. No. 1729 / 2025 arising out of IIT Amhara P.S. Case No.-
41 / 2025 is hereby set aside. The appeal is allowed.
9. Let the appellant, above named, be released on anticipa-
tory bail in the event of arrest or surrender before the court
below within a period of four weeks from today on furnishing
bail bond of Rs. 10,000/- (rupees ten thousand) with two
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sureties of the like amount each to the satisfaction of learned
court of Exclusive Special Judge SC/ST Act, Patna in connec-
tion with IIT Amhara P.S. Case No.- 41 / 2025 subject to the
condition as laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
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