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Patna High Court

PINTU SAHversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the lower court’s order refusing anticipatory bail and granted anticipatory bail to the appellants subject to conditions.

Summary

The appellants, Pintu Sah and Brijlal Sahni, were charged under multiple IPC sections and Sections 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act in connection with a disturbance at Hathauri Police Station. They appealed under Section 14‑A(2) of the SC/ST Act against the lower court’s refusal to grant anticipatory bail. The appellants argued that the notice was validly served, they have clean antecedents, and they were falsely implicated by the informant, while the Special Public Prosecutor opposed bail. The High Court, after considering the submissions, ordered that the appellants be released on anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to conditions under Section 438(2) of the CrPC. Consequently, the impugned order refusing bail was set aside and the appeal was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the appellants under Section 438 CrPC in a case filed under the SC/ST (Prevention of Atrocities) Act.
  • Whether the allegations against the appellants constitute sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • Criminal Procedure Code
  • Indian Penal Code offences
  • scheduled castes and tribes
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3350 of 2022
                    Arising Out of PS. Case No.-47 Year-2022 Thana- HATHAURI District- Muzaffarpur
                 ======================================================
           1.     PINTU SAH SON OF AMIRI LAL SAH Resident of village- Simri, P.S.-
                  Hathauri, District- Muzaffarpur- 843129
           2.    BRIJALAL SAHNI SON OF LATE KIRA SAHNI Resident of village-
                 Simri, P.S.- Hathauri, District- Muzaffarpur- 843129
                                                                      ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.     S.I VINOD DAS, OFFICER-IN-CHARGE, HATHAURI POLICE
                  STATION, DISTRICT- MUZAFFARPUR BIHAR
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Subodh Kumar
                 For the Respondent/s    :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   29-06-2026                 1. Heard learned counsel for the appellants and the

                   learned Special P.P. Mr. Sadanand Paswan.

                               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 10.06.2022 in A.B.P. No. 1718 of 2022, passed by

                   the learned 1st Additional District and Sessions Judge-cum-

                   Special Judge, SC/ST Act, Muzaffarpur in connection with

                   Hathauri P.S. Case No. 47 of 2022 registered under Sections

                   147, 149, 341, 323, 332, 307, 353, 448, 506, 509 of the Indian

                   Penal Code as well as Sections 3(1)(r)(s) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.3350 of 2022(5) dt.29-06-2026
                                             2/3




                       3. Learned counsel for the appellants submits that

          from perusal of the office report dated 24.06.2026, it would

          manifest that the ordinary notice has been validly served upon

          the respondent no.2. It is next submitted that respondent no.2 is

          S.H.O., Hathauri P.S. as such he is being represented by the

          learned Special P.P. It is next submitted that appellants are

          persons with clean antecedent and the informant alleges that

          accused persons including the appellants assembled in front of

          Hathauri P.S. and started shouting slogans causing nuisance and

          thereafter the mob started fighting with the police force and

          accused Kedar Sahni abused the informant by taking caste

          name.

                       4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that Kedar Sahni is not appellant

          in the instant appeal and the allegations are general and omnibus

          in nature.

                       5. Learned Special Public Prosecutor opposes the

          prayer for anticipatory bail.

                       6. Considering the submissions of the learned counsel

          for the appellants, let the appellants, above named, in the event

          of their arrest or surrender within a period of six weeks from the
             Patna High Court CR. APP (SJ) No.3350 of 2022(5) dt.29-06-2026
                                                          3/3




                       date of receipt of the order, be released on anticipatory bail on

                       furnishing bail bond of Rs.5,000/- (rupees five thousand) each

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

                       the learned court below where the case is pending in connection

                       with the aforesaid case, subject to the conditions as laid down

                       under Section 438(2) of the Code of Criminal Procedure.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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