Patna High Court
Bablu SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the appeal, set aside the trial court’s order, and granted anticipatory bail to the appellants.
Summary
The appellants, Bablu Sah and three others, were charged under several IPC offences and Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and his companions and stealing money and a mobile phone. They applied for anticipatory bail under Section 14‑A(2) of the SC/ST Act after the trial court refused bail. The appellants argued that they have clean antecedents, the injuries were simple, the FIR lacked a clear motive, and the alleged caste‑based abuse was vague. The State opposed the bail but could not rebut the claim that the injuries were minor. The Patna High Court held that the trial court’s refusal was erroneous, set aside its order, and granted anticipatory bail subject to conditions under Section 482(2) of the CrPC. Consequently, the appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 14‑A(2) of the SC/ST Act in the present case.
- Whether the nature of the alleged injuries and the lack of a clear motive justify denial of bail.
- Whether the alleged caste‑based abuse in the FIR is sufficient to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(v)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- robbery
- caste abuse
- Criminal Procedure Code
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2827 of 2024
Arising Out of PS. Case No.-106 Year-2024 Thana- BIKRAMGANJ District- Rohtas
======================================================
1. Bablu Sah SON OF SRI VINODI SAH @ VINOD SAH R/V- KHAIRA
BHUDHAR PS -BIKRAMGANJ DIST- ROHTAS
2. ANKIT SAH @ ANKIT KUMAR SON OF VINODI SAH @ VINOD SAH
R/V- KHAIRA BHUDHAR PS -BIKRAMGANJ DIST- ROHTAS
3. NILESH SAH @ NILESH KUMAR SON OF SRI VINODI SAH @
VINOD SAH R/V- KHAIRA BHUDHAR PS -BIKRAMGANJ DIST-
ROHTAS
4. DABLU CHAUDHARY @ DABLU KUMAR SON OF SHRI
CHAUDHARI R/V- KHAIRA BHUDHAR PS -BIKRAMGANJ DIST-
ROHTAS
... ... Appellant/s
Versus
1. The State of Bihar
2. SADHU CHARAN RAM SON OF LATE JEEVAN RAM R/V- KHAIRA
BHUDHAR PS -BIKRAMGANJ DIST- ROHTAS
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rakesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 21-01-2026 1. Heard learned counsel for the appellants and
learned Spl. P.P. for the State, Mr. Sadanand Paswan.
2. The learned counsel submits that informant
despite receiving notice chooses not to appear and contest.
3. 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
Patna High Court CR. APP (SJ) No.2827 of 2024(7) dt.21-01-2026
2/4
order dated 24.05.2024 passed by the learned 17th Additional
Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Rohtas
at Sasaram in connection with Bikramganj P.S. Case No. 106 of
2024 registered for the offences punishable under Sections 341,
323, 307, 379, 504 and 34 of the Indian Penal Code as well as
Sections 3(1((v) of the SC/ST Act.
4. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and the informant
alleges that on 26.02.2024 at 06:00 PM, he was coming to his
village after parking the truck and when he reached near Shiva
temple, when appellants intercepted him and Bablu assaulted
him by rod causing injury on head and also took Rs. 6500/- and
his mobile, when his brother Nandlal and Sanjay came to save
him, when Ankit, Nilesh and Dablu assaulted Nandlal by rod
causing injury on head and Nilesh along with Dablu assaulted
by lathi and danda causing injury on head and even abused by
taking caste name.
5. Learned counsel for the appellants submits that
the 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 no
motive for the occurrence is alleged. It is next submitted that
Patna High Court CR. APP (SJ) No.2827 of 2024(7) dt.21-01-2026
3/4
Bablu runs a DJ and the informant on the eve of Ravidas
function had taken his DJ on which he had objected that DJ can
play only after obtaining permission of the police after 10:00
PM, on which an altercation took place in which both sides
assaulted each other. It is also submitted that no doubt from the
side of the appellants assault was committed, but then the
assault was committed for the reason aforesaid when the FIR
does not disclose any reason for the occurrence. It is also
submitted that both sides received injuries and the injury
suffered by the injured on the side of the informant of the instant
case has been opined to be simple in nature. It is also submitted
that as far as allegation of abuse is alleged, the same is general
and omnibus in nature, as in the end of the FIR, it is alleged that
Nilesh along with Dablu even abused by taking caste name.
6. Learned Spl. P.P. for the State opposes the
appeal, but then is not in a position to rebut the submission of
the learned counsel appearing on behalf of the appellants that
the injury suffered by the injured has been opined to be simple
in nature after perusing the case diary.
7. In view of the submissions made by the learned
counsel for the appellants, the order dated 24.05.2024 passed by
the learned 17th Additional Sessions Judge-cum-Special Judge
Patna High Court CR. APP (SJ) No.2827 of 2024(7) dt.21-01-2026
4/4
S.C./S.T. (POA) Act, Rohtas at Sasaram in connection with
Bikramganj P.S. Case No. 106 of 2024, is hereby set aside and
the appellants above-named, in the event of their arrest or
surrender before the learned trial court 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 Bikramganj P.S. Case No. 106 of 2024, subject
to the conditions as laid down under Section 482 (2) of the
BNSS.
8. Accordingly the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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