Patna High Court

Tutu Sharma @ Satish KumarversusThe State of Bihar

Decided: 4 May 2026
Disposal: ALLOWED
Bench: SATYAVRAT VERMA

Holding

The appeal is allowed; the order refusing anticipatory bail is set aside and anticipatory bail is granted to the appellants subject to conditions.

Summary

The appellants, a group of individuals surnamed Sharma, were charged under several provisions of the Bihar National Security Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for alleged assault and other offences. They sought anticipatory bail under Section 14‑A(2) of the SC/ST Act, but the trial court refused bail. The appellants contended that the FIR in the present case was a second FIR for the same incident, with some of them already granted bail in the first FIR, and that many of them had no prior criminal record. The State opposed the appeal but could not refute the claim of duplication of FIRs. The High Court set aside the trial court’s order, granted anticipatory bail to all appellants subject to a bond and sureties, and invoked its inherent powers under Section 482(2) of the BNSS. The appeal was allowed.

Issues considered

The applicability of Section 14‑A(2) of the SC/ST Act for granting anticipatory bail.
Whether the second FIR constitutes a duplicate proceeding for the same occurrence.
Whether anticipatory bail can be granted when some accused have clean antecedents and others have prior cases.
The scope of the trial court’s discretion under Section 482(2) of the BNSS in interfering with bail decisions.

Legislation cited

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s), 3(2)(va)

Subjects

anticipatory bail
SC/ST Act
duplicate FIR
Section 14-A
Section 482
multiple accused
clean antecedent
bail jurisdiction

Judgment

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.3027 of 2025

          Arising Out of PS. Case No.-103 Year-2025 Thana- GOH District- Aurangabad
     ======================================================
1.   Tutu Sharma @ Satish Kumar S/O Nawal Sharma R/O Village-Singhari, PS-
     Goh, Distt-Aurangabad
2.   Anil Sharma @ Anil Kumar Sharma S/O Ramanuj Sharma R/O Village-
     Singhari, PS-Goh, Distt-Aurangabad
3.   Naveen Sharma @ Naveen Kumar S/O Rajendra Sharma R/O Village-
     Singhari, PS-Goh, Distt-Aurangabad
4.   Bigan Sharma @ Bishunpat Sharma S/O Bilat Sharma R/O Village-Singhari,
     PS-Goh, Distt-Aurangabad
5.   Pintu Sharma @ Santosh Kumar S/O Nawal Sharma R/O Village-Singhari,
     PS-Goh, Distt-Aurangabad
6.   Shyam Sundar Sharma @ Shyam Sundar Kumar S/O Sri Niwas Sharma R/O
     Village-Singhari, PS-Goh, Distt-Aurangabad
7.   Kamal Narayan Sharma @ Kamal Nayan Sharma @ Kamal Nayan S/O
     Munna Sharma R/O Village-Singhari, PS-Goh, Distt-Aurangabad
8.   Ramesh Sharma @ Ramesh Kumar S/O Late Mritunjay Sharma R/O
     Village-Singhari, PS-Goh, Distt-Aurangabad
9.   Bhola Sharma @ Chitranjan Kumar S/O Sanjay Sharma R/O Village-
     Singhari, PS-Goh, Distt-Aurangabad
10. Kundan Sharma @ Kundan Kumar S/O Ram Pravesh Sharma R/O Village-
    Singhari, PS-Goh, Distt-Aurangabad
11. Lal Butan Sharma @ Raju Sharma S/O Bittal Sharma R/O Village-Singhari,
    PS-Goh, Distt-Aurangabad
12. Ganesh Sharma @ Omkar Kumar Kashyap S/O Rakesh Sharma R/O
    Village-Singhari, PS-Goh, Distt-Aurangabad
13. Shailendra Sharma @ Shilendra Kumar Sharma S/O Ragho Sharma R/O
    Village-Singhari, PS-Goh, Distt-Aurangabad
14. Manu Sharma @ Shankar Kumar S/O Nagendra Sharma R/O Village-
    Singhari, PS-Goh, Distt-Aurangabad
15. Vikram Sharma @ Vikram Kumar S/O Nanhe Sharma R/O Village-Singhari,
    PS-Goh, Distt-Aurangabad

                                                                      ... ... Appellant/s
                                          Versus
1.   The State of Bihar
2.   Ram Niwas Paswan S/O Shiv Dahin Paswan R/O Village-Singhari, PS-Goh,
     Distt-Aurangabad
         Patna High Court CR. APP (SJ) No.3027 of 2025(5) dt.04-05-2026
                                                      2/4




                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr Avinash Kumar, Advocate
                                                   Mr. Rahul Singh, Advocate
                                                   Mr. Ayush Kumar, Advocate
                 For the Respondent/s     :        Mr. Binay Krishna, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   04-05-2026                     1. Heard learned counsel for the appellants, learned

                   Special P.P. for the State 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 26.06.2025 in A.B.A. No. 1003 of 2025 passed by

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

                   S.C./S.T./Children & NDPS Act, Aurangabad in connection with

                   Goh P.S. Case No. 103 of 2025 registered for the offences

                   punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),

                   118(1), 109(1), 352, 351(2) and 61 of the BNS, 2023 as well as

                   Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act.

                                   3. Learned counsel for the appellants submits that

                   appellant nos. 2, 3, 4, 5, 10 and 13 have antecedent of one case

                   and rest of the appellants are persons with clean antecedent. It is
Patna High Court CR. APP (SJ) No.3027 of 2025(5) dt.04-05-2026
                                             3/4




          next submitted that for the same occurrence, two FIRs have

          been instituted i.e. Goh P.S Case No. 101 of 2025 instituted by

          the police and thereafter the instant FIR came to be instituted by

          the informant.

                          4. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          allegation of abuse and assault is general and omnibus in nature.

          It is further submitted that in the FIR instituted by the police,

          appellant nos. 2, 3, 4, 5, 10 and 13 are accused in the said case

          also, but then rest of the accused in the instant FIR are not an

          accused in the case instituted by the police. It is further

          submitted that appellant nos. 2, 3, 4, 5, 10 and 13 in the instant

          criminal appeal have been granted the privilege of anticipatory

          bail in Goh P.S. Case No. 101 of 2025. It is also submitted that

          the instant FIR is the second FIR.

                          5. Learned Special P.P. for the State as well as the

          learned counsel appearing on behalf of the informant opposes

          the appeal, but then are not in a position to rebut the

          submissions of the learned counsel appearing on behalf of the

          appellants that the instant FIR is the second FIR and for the

          same occurrence, the police also instituted Goh P.S. Case No.

          101 of 2025.
            Patna High Court CR. APP (SJ) No.3027 of 2025(5) dt.04-05-2026
                                                         4/4




                                      6. In view of the submissions made by the learned

                      counsel for the appellants, the order dated 26.06.2025 in A.B.A.

                      No. 1003 of 2025 passed by the learned 1st Additional Sessions

                      Judge-cum-Special Judge S.C./S.T./Children & NDPS Act,

                      Aurangabad in connection with Goh P.S. Case No. 103 of 2025,

                      is hereby set aside and 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 Goh P.S. Case No. 103 of 2025 subject to the

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

                                   7. Accordingly, the appeal stands allowed.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T

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