Patna High Court
Syed HasnainversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail is not maintainable; the appeal is dismissed.
Summary
The informant, a papad seller, alleged that the accused entered her shop, abused her using caste-based slurs and assaulted her. The FIR charged the accused under several sections of the BNS Act and Sections 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act. The accused applied for anticipatory bail, which the Special Judge under the SC/ST Act denied, finding the application non‑maintainable. The appellants appealed this denial before the Patna High Court. The High Court examined whether anticipatory bail could be granted in offences punishable under the SC/ST Act and considered the accused’s prior criminal antecedents. It held that the anticipatory bail application was not maintainable and dismissed the appeal.
Issues considered
- Whether an application for anticipatory bail is maintainable in cases involving offences under the SC/ST (Prevention of Atrocities) Act and the BNS Act
- Whether the accused’s prior criminal antecedents under the SC/ST Act preclude the grant of anticipatory bail
Legislation cited
- BNS Act — s. 115(2), 127(1), 3(5), 351, 352, 76
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste-based assault
- criminal antecedents
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3668 of 2025
Arising Out of PS. Case No.-132 Year-2025 Thana- BAISI District- Purnia
======================================================
1. Syed Hasnain S/O Syed Majudin @ Moijuddin r/O Village- Bairia, P.S-
Baisi, Distt.- Purnea.
2. Gulam Rasul @ Syed Gulam Rasul S/O Syed Majudin @ Moijuddin R/O
Village- Bairia, P.S- Baisi, Distt.- Purnea.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Champa Devi W/O Basudev Bosak R/O Village- Bairia, P.S- Baisi, Distt.-
Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Kumar Praveen
For the Respondent/s : Mr.Sadanand Paswan
For the Informant : Mr. Md. Mumtazuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
24.07.2025 passed by the learned District and Additional
Session Judge-I-cum-Special Judge, SC/ST (POA) Act in
connection with Baisi P.S. Case No. 132 of 2025 registered for
the offence under Sections 127(1), 115(2), 76, 352, 351, 3(5) of
the BNS and under Section 3(1)(r)(s) of the SC/ST Act.
3. As per the prosecution case, when the informant
was selling Papad, the accused persons came to her shop and
started abusing her by taking her caste name and have also
assaulted her.
Patna High Court CR. APP (SJ) No.3668 of 2025(4) dt.12-03-2026
2/2
4. From the reading of the FIR, offences under the
SC/ST Act are made out and the appellants are having a number
of criminal antecedents under the SC/ST Act.
5. In view of the above, this application for grant of
anticipatory bail is held to be not maintainable.
6. Accordingly, this appeal stands dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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