Patna High Court
Shiv Narayan SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The appellate court set aside the order rejecting anticipatory bail and granted anticipatory bail to appellants 2‑5 with conditions, while dismissing the appeal of appellant 1 as withdrawn.
Summary
The appellants were charged under the SC/ST (Prevention of Atrocities) Act and the Bihar Narcotic Substances Act for assaulting an informant and attempting to outrage a lady’s modesty. They filed an appeal against the trial court’s order rejecting their anticipatory bail applications. The court noted that the first appellant, Shiv Narayan Sah, had withdrawn his bail prayer, and therefore his appeal was dismissed as withdrawn. For the remaining appellants, the court observed that the alleged injuries were minor, the accused had no prior criminal record, and two of them were women, and consequently granted anticipatory bail with specific conditions. The appellate court set aside the trial court’s order and allowed the appeal.
Issues considered
- Whether anticipatory bail should be granted to the appellants under the SC/ST (Prevention of Atrocities) Act and related provisions
- Whether the FIR and allegations constitute a ground to deny anticipatory bail
- Whether the withdrawal of the bail prayer by the first appellant affects the appeal
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 76
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- assault
- FIR
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3353 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- Vasudeva District- Buxar
======================================================
1. Shiv Narayan Sah S/o Late Kanhaiya Sah R/o vill - Amirpur, P.S.-
Basudeva, Distt. - Buxar
2. Shambhu Sah S/o Shiv Narayan Sah R/o vill - Amirpur, P.S.- Basudeva,
Distt. - Buxar
3. Rambhu Sah S/o Shiv Narayan Sah R/o vill - Amirpur, P.S.- Basudeva, Distt.
- Buxar
4. Sanichari Devi W/o Shiv Narayan Sah R/o vill - Amirpur, P.S.- Basudeva,
Distt. - Buxar
5. Rinki Devi W/o Rambhu Sah R/o vill - Amirpur, P.S.- Basudeva, Distt. -
Buxar
... ... Appellant/s
Versus
1. The State of Bihar
2. Asha Devi W/o Sunil Ram R/o vill - Amirpur, P.S.- Basudeva, Distt.- Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dr. Kamal Deo Sharma, Adv.
For the Respondent/s : Mrs. Usha Kumari 1, Spl.P.P.
For the informant : Mr. Rabindra Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 23-02-2026 Heard Mr. Dr. Kamal Deo Sharma, learned counsel
for the appellant and Mr. Rabindra Kumar representing the
informant besides learned Spl.P.P.
2. This appeal has been filed for setting aside the
order dated 29.07.2025 passed in A.B.P. No. 877 of 2025 by the
ld. District & Additional Sessions Judge-1st-cum-Special Judge,
SC/St (P.O.A.) Act, Buxar arising out of Basudeva P.S. Case No.
51 of 2025 registered for the offence punishable under sections
109, 115(2), 126(2), 352, 351(2), 76, 3(5) of the BNS, 2023 and
Patna High Court CR. APP (SJ) No.3353 of 2025(3) dt.23-02-2026
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u/s 3(1)(r), (s), (w) and 3(2)(va) of the SC/ST (P.O.A.) Act
whereby the prayer for anticipatory bail of the appellant has
been rejected.
3. At the outset, learned counsel for the appellants
submit that so far as the appellant no. 1, Shiv Narayan Sah is
concerned, he may be permitted to withdraw the prayer relating
to his bail.
4. Accordingly, the appeal against Shiv Narayan Sah
stands dismissed as withdrawn.
5. As per the prosecution story, the informant alleged
that the appellants came to the door and after abuse, the assault.
Appellant no. 1 gave blow on the head causing injury
whereafter appellant nos. 2 and 3 also assaulted on the body, at
the behest of appellant no. 4, appellant no. 2 tried to outrage the
modesty of the lady. This led to the FIR.
6. Learned counsel for the appellants submit that
exaggerated FIR is there, there was a dispute and an altercation
took place but now, the FIR. Two of the appellants are ladies
and none have criminal antecedent. The further submission is
that the cognizance has not been taken in the matter and the
utterances have not been made before the public.
7. Learned counsel for the informant, on the other
Patna High Court CR. APP (SJ) No.3353 of 2025(3) dt.23-02-2026
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hand, opposes the prayer submitting that firstly, appellant no. 1,
Shiv Narayan Sah gave blow on the head which followed the
assault by other persons.
8. Considering the submissions of the parties as also
that for appellant no. 1, prayer has already been dismissed as
withdrawn. So far as others are concerned, two of them are
ladies, none have criminal antecedent and injuries have been
found to be simple in nature, in that background, this Court is
inclined to grant the appellant nos. 2 to 5, (Shambhu Sah,
Rambhu Sah, Sanichari Devi and Rinki Devi respectively) the
anticipatory bail with conditions.
7. The impugned order dated 29.07.2025 passed in
A.B.P. No. 877 of 2025 arising out of Basudeva P.S. Case No.
51 of 2025 by the ld. District & Additional Sessions Judge-1st-
cum-Special Judge, SC/St (P.O.A.) Act, Buxar stands set aside
and the appeal is allowed.
8. Let the appellants, named above, in the event of
arrest/surrender within a period of eight weeks from the date of
receipt/production of a copy of this order, be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned District & Additional Sessions Judge-1st-cum-Special
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Judge, SC/St (P.O.A.) Act, Buxar in connection with A.B.P. No.
877 of 2025 arising out of Basudeva P.S. Case No. 51 of 2025.
(i) one of the bailor should be the family
members/relatives of the appellant nos. 2 to 5, (Shambhu Sah,
Rambhu Sah, Sanichari Devi and Rinki Devi respectively), who
shall provide official document (Aadhar Card, PAN Card,
Driving License, Voter ID) to show his bona fide;
(ii) the appellant nos. 2 to 5, (Shambhu Sah, Rambhu
Sah, Sanichari Devi and Rinki Devi respectively) shall appear
on each and every date before the Trial court and failure to do so
for two consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial court itself;
(iii) the appellant nos. 2 to 5, (Shambhu Sah, Rambhu
Sah, Sanichari Devi and Rinki Devi respectively) shall in no
way try to induce or promise or threat the witnesses or tamper
with the evidences, failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the appellant nos. 2 to 5, (Shambhu Sah, Rambhu
Sah, Sanichari Devi and Rinki Devi respectively) shall desist
from committing any criminal offence again failing which the
State shall be at liberty to take steps for cancellation of the bail
bonds.
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9. However, if the appellant no. 1, Shiv Narayan Sah
surrenders within four weeks from today, the Court concerned
shall take up the matter and dispose it of preferably on the same
day.
(Rajiv Roy, J)
Vijay Singh/-
U
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