Patna High Court
Bhagmani DeviversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and the order denying anticipatory bail is set aside, with bail granted subject to conditions.
Summary
The appellant, Bhagmani Devi, appealed against the Additional Sessions Judge's order denying anticipatory bail in a case alleging offences under the Bharatiya Nyaya Sanhita and the SC/ST Act. The prosecution alleged that the appellant, along with co‑accused, pushed the informant off his bicycle and used abusive language, and also alleged caste‑based insult. The appellant contended that the allegations were vague, he had no criminal record, the matter was settled amicably, and no caste name was used publicly, thus no SC/ST offence. The Special Public Prosecutor opposed bail. The Patna High Court, after considering the facts, set aside the lower court's order and allowed the appeal, granting anticipatory bail subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the appellant under the Bharatiya Nyaya Sanhita provisions.
- Whether the allegations constitute an offence under the SC/ST Act.
- Whether the settlement between parties negates the necessity for bail denial.
- Whether the appellant's conduct amounts to the offences alleged under Sections 126(2), 115(2), 303(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- criminal procedure
- bail conditions
- settlement
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3328 of 2025
Arising Out of PS. Case No.-103 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Bhagmani Devi W/O Sri Yugul Bhagat R/O Vill.- Noniya Chhapar, P.S.-
Bhore, District-Gopalganj
... ... Appellant/s
Versus
1. The State Bihar
2. Triloki Baitha S/O Ramsewak Baitha R/O Vill.- Noniya Chhapar, P.S.-
Bhore, District-Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Satyendra Rai, Advocate
For the Respondent/s : Mr.Binay Krishna, SP.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 09-02-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 16.07.2025 passed by learned Additional
Sessions Judge 11th-cum-Special Judge, Gopalganj whereby the
prayer for grant of anticipatory bail of the appellant in
connection with Bhore P.S. Case No. 103 of 2025 under
Sections 126(2), 115(2), 303(2), 351(2), 3(5) of the Bharatiya
Nyaya Sanhita, 2023, read with Sections 3(1)(r)(s) and 3(2)(va)
of SC/ST Act was rejected.
3. Prosecution case, in short, is that, while the
informant was returning to his house, the appellant along with
Patna High Court CR. APP (SJ) No.3328 of 2025(4) dt.09-02-2026
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other co-accused persons pushed him from his bi-cycle and
abused with filthy languages.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Learned counsel for the appellant also submits that
no specific allegation has been attributed against the appellant,
rather the same is general and omnibus in nature. It is next
submitted that both the parties have amicably settled the matter.
Learned counsel for the appellant further submits that the
appellant has not taken the caste name of the informant in public
view. Hence, no offence under the provisions of SC/ST Act is
made out against them. The appellant has no intention to
disgrace the image of the informant in public view. The
appellant has got no criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 16.07.2025
passed by learned Additional Sessions Judge 11th-cum-Special
Judge, Gopalganj, is hereby set aside.
Patna High Court CR. APP (SJ) No.3328 of 2025(4) dt.09-02-2026
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7. let the Appellant, above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Bhore P.S.
Case No. 103 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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