Patna High Court
PINTU SAHversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 149, 307, 323, 332, 341, 353, 448, 506, 509
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s)
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
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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/-
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