Patna High Court
Nilam DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the trial court's refusal and granted anticipatory bail to the appellants.
Summary
The appellants, Nilam Devi, Amit Kumar, Sumit Kumar and Parmanand Singh, appealed against the trial court's refusal to grant anticipatory bail under Section 14‑A(2) of the SC/ST Act. The informant, Brajesh Paswan, alleged that the appellants assaulted him, used caste slurs, attempted to strangle him, and stole his chain in a dispute over the sale of two Kathas of land. The appellants contended that the allegations were vague, omnibus, and unsupported by any documentary evidence, asserting they were falsely implicated. The Special Public Prosecutor could not effectively rebut these contentions. The High Court, after considering the submissions, held that the lack of specific evidence warranted the grant of anticipatory bail, directing the appellants to furnish bail bonds and sureties. Consequently, the appellate court set aside the trial court's order and allowed the appeal, granting anticipatory bail subject to conditions under CrPC Section 438(2) and B.N.S.S. Section 482(2).
Issues considered
- What is the adequacy of the allegations against the appellants for denying anticipatory bail under Section 14‑A(2) of the SC/ST Act?
- Whether the lack of specific documentary evidence and the general nature of the accusations justify granting anticipatory bail?
- Whether the trial court's refusal to grant anticipatory bail was legally sustainable?
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- false implication
- land dispute
- CrPC Section 438
- Section 14-A
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.364 of 2025
Arising Out of PS. Case No.-287 Year-2024 Thana- CHAUTHAM District- Khagaria
======================================================
1. Nilam Devi Wife of Parmanand Singh @ Polo Singh Resident of Village -
Nawada, P.S. - Chautham, District- Khagaria
2. Amit Kumar Son of Parmanand Singh @ Polo Singh Resident of Village -
Nawada, P.S. - Chautham, District- Khagaria
3. Sumit Kumar Son of Parmanand Singh @ Polo Singh Resident of Village -
Nawada, P.S. - Chautham, District- Khagaria
4. Parmanand Singh @ Polo Singh Son of Lakkar @ Anuplal Singh Resident
of Village - Nawada, P.S. - Chautham, District- Khagaria
... ... Appellant/s
Versus
1. The State of Bihar
2. Brajesh Paswan Son of Late Kameshwar Paswan Resident of Village -
Nawada, Ward No.14, P.S. - Chautham, District- Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jai Kishor Poddar, Appellant
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 16-03-2026 1. Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State and learned counsel
appearing on behalf of the informant.
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 16.12.2024 in Special A.B.P. No. 69 of 2024 passed
by the learned 1st Additional Sessions Judge-cum-Special Judge
SC/ST, Khagaria in connection with Chautham P.S. Case No.
Patna High Court CR. APP (SJ) No.364 of 2025(5) dt.16-03-2026
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287 of 2024 (Special SC/ST G.R. No. 110 of 2024) registered
under Sections 115(2), 126(2), 303(2), 74, 352, 351(2), 351(3)
and 3(5) of the BNS as well as Sections 3(i)(r)(s) of the SC/ST
Act.
3. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and appellant no. 1
is a woman and the informant alleges that on 16.09.2024 he was
coming home by his bike at 06:00 p.m. when he was intercepted
by Amit, Sumit, Abhimanu, Parmanand and Nilam Devi who
were carrying lathi, danda and garasa. Further, the accused
started abusing and on protest Amit and Sumit tried to
strangulate him by a gamacha and tried to take him inside their
house and abused by taking caste name and snatched his chain.
On alarm, his mother came to save him but accused assaulted
her and threatened. Further, reason for the occurrence is that
Amit and Parmanand in lieu of selling 2 Kathas of land had
taken Rs.3 lakhs but the sale deed was not executed.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is further submitted that even allegation of abuse is
general and omnibus in nature. It is next submitted that it does
not appear probable that all accused in one go would have
Patna High Court CR. APP (SJ) No.364 of 2025(5) dt.16-03-2026
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abused the informant by taking caste name. It is also submitted
that as far as allegation of trying to strangulate the informant is
concerned, the same is ornamental. It is further submitted that
though it is alleged that mother of the informant was assaulted
but then allegation of assault is also not specific. It is next
submitted that on account of dispute relating to sale of land, a
false case came to be instituted. It is also submitted that
appellants have not taken any money from the informant in lieu
of selling 2 Kathas of land nor the same is substantiated by any
documentary evidence.
5. Learned Special Public Prosecutor and learned
counsel appearing on behalf of the informant opposed the prayer
for anticipatory bail of the appellants but then are not in a
position to rebut the submissions of the learned counsel
appearing on behalf of the appellants that allegation of abuse
and assault is general and omnibus in nature and no
documentary evidence has been brought on record to
substantiate that any amount was taken by Amit and Parmanand
in lieu of selling their 2 Kathas of land to the informant.
6. Considering the submissions made by the learned
counsel appearing on behalf of the appellants, let the appellants,
above named, in the event of their arrest or surrender before the
Patna High Court CR. APP (SJ) No.364 of 2025(5) dt.16-03-2026
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learned Trial Court within a period of six weeks from the date of
receipt of the order, be released on anticipatory bail on
furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Trial Court 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/482(2) of the B.N.S.S.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
Kundan/-
U T
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