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Patna High Court

Vivek RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail must be granted as the FIR does not specifically implicate the appellants and they have a clean antecedent.

Summary

The appellants, three brothers, were charged under several sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the informant during a dispute over a boundary wall. The informant’s FIR described a group assault but did not specifically name the appellants or detail their individual acts. The appellants contended that they were falsely implicated, had clean antecedents, and that the allegations were vague and omnibus. They filed an appeal under Section 14‑A(2) of the SC/ST Act seeking anticipatory bail, challenging the trial court’s refusal to grant it. The Patna High Court held that the lack of specific allegations and the appellants’ clean record warranted anticipatory bail, set aside the lower court’s order, and granted bail on the stipulated conditions. Consequently, the appeal was allowed.

Issues considered

  • The applicability of Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act for granting anticipatory bail.
  • Whether the FIR contains specific allegations sufficient to deny anticipatory bail to the accused.
  • Whether the appellants’ clean antecedent and alleged false implication justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • assault
  • boundary dispute
  • criminal procedure
  • scheduled caste
  • scheduled tribe

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.272 of 2026
                       Arising Out of PS. Case No.-26 Year-2025 Thana- SC/ST District- Lakhisarai
                 ======================================================
           1.     Vivek Ram S/O Chamru Ram Resident of Village- Rampur Tola Narghara
                  Musahri, P.S.- Surjagarha, District- Lakhisarai.
           2.    Ramvilas Ram S/o Chamru Ram Resident of Village- Rampur Tola Narghara
                 Musahri, P.S.- Surjagarha, District- Lakhisarai.
           3.    Bipin Ram S/o Bechan Ram Resident of Village- Rampur Tola Narghara
                 Musahri, P.S.- Surjagarha, District- Lakhisarai.

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar Patna
           2.    Dukhan Manjhi S/O Bauku Manjhi R/O Vill and P.O.- Rampur, P.S.-
                 Surajgarha, Dist.- Lakhisarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :         Mr.Binay Kumar
                 For the Respondent/s    :         Mr.Sadanand Paswan, Spl. PP
                                                   Mr. Arun Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   18-06-2026              1.     Heard learned counsel for the appellants, learned

                   Spl. P.P. for the State, Sri 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

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 16.10.2025 in A.B.P. No. 1206 of 2025 passed by

                   the learned 1st Additional Sessions Judge-cum-Special Judge

                   S.C./S.T. (POA) Act, Lakhisarai in connection with Lakhisarai
Patna High Court CR. APP (SJ) No.272 of 2026(3) dt.18-06-2026
                                             2/3




          SC/ST P.S. Case No. 26 of 2025 registered for the offences

          punishable under Sections 191(1), 190, 126(2), 115, 109, 352,

          351(2) of the BNS as well as Sections 3(1)(r)(s) and 3(2)(Va) of

          the SC/ST (Prevention of Atrocities) Act.

                    3.     Learned counsel            submits that appellants are

          persons with clean antecedent and the informant alleges that

          27.08.2026, he was constructing boundary wall on his land

          when at 01:00 P.M., nine named accused persons including the

          appellants came and Chamru along with Bechan assaulted by

          rod causing injury on head, further Mithlesh and Vivek by rod

          assaulted Mantu causing injury on right leg, thereafter Ram

          Pravesh and Sharwan assaulted Krishna with rod causing injury

          on head, thereafter accused persons threatened not to construct

          the wall.

                    4.     Learned counsel appearing on behalf of of the

          appellants submits that the appellants have been falsely

          implicated in the instant case by the informant. It is next

          submitted that on account of dispute relating to construction of

          boundary wall, an altercation took place in which both side

          assaulted each other. It is further submitted that from perusal of

          the allegation as alleged in the FIR, it would manifest that no

          specific allegation of assaulted is alleged against the appellants
              Patna High Court CR. APP (SJ) No.272 of 2026(3) dt.18-06-2026
                                                           3/3




                        and even allegation of abuse is general and omnibus.

                                  5.     Learned Spl. P.P. for the State and learned counsel

                        appearing on behalf of the informant opposes the prayer for

                        anticipatory bail of the appellants but then are not in a position

                        to rebut the submission of the learned counsel appearing on

                        behalf of the appellants that no specific allegation of assault and

                        abuse is alleged against the appellants.

                                  6.     Considering the aforesaid facts, let the appellants

                        above-named, in the event of their arrest or surrender within a

                        period of six weeks from today, be released on anticipatory bail

                        on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

                        each with two sureties of the like amount each to the satisfaction

                        of the learned trial court where the case is pending/successor

                        court in connection with the aforesaid case, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.

                                  7.     Accordingly, the impugned order is set aside and

                        the appeal stands allowed.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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