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Patna High Court

Bhagmani DeviversusThe State Of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                        3/3




                                  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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