Patna High Court
Rajababu SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order refusing anticipatory bail and granted anticipatory bail to the appellants.
Summary
The appellants, a group of brothers and a sister from Dharampur, were charged under the SC/ST (Prevention of Atrocities) Act and several IPC sections for alleged assault with weapons at the informant's house. They contended that the allegations were false, that the injuries were caused by blunt objects, and that the incident occurred in a private residence, thus not attracting the SC/ST Act. The Special Judge had refused anticipatory bail, prompting the appellants to appeal under Section 14‑A(2) of the SC/ST Act. The High Court, after considering the submissions that the injuries were simple and the marriage ties created a dispute, set aside the lower court’s order and granted anticipatory bail subject to conditions under Section 482(2) of the CrPC. Consequently, the appeal was allowed and the appellants were released on bail upon surrender.
Issues considered
- Whether the facts alleged constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act.
- Whether the refusal of anticipatory bail by the Special Judge was justified.
- Whether the appellate court should set aside the order refusing anticipatory bail and grant bail under Section 482 of the CrPC.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 323, 324, 34, 341, 447, 504, 506
- 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
- false implication
- assault
- Section 14-A
- Section 482
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3773 of 2024
Arising Out of PS. Case No.-192 Year-2024 Thana- SUGAULI District- East Champaran
======================================================
1. Rajababu Sah S/o Basdeo Sah R/o village Dharampur, P.S.- Sugauli ,
District- East Champaran
2. Kundan Sah S/o Basdeo Sah R/o village Dharampur, P.S.- Sugauli , District-
East Champaran
3. Girdhari Sah S/o Basdeo Sah R/o village Dharampur, P.S.- Sugauli , District-
East Champaran
4. Bhim Sah @ Dharm Raj Sah S/o Basdeo Sah R/o village Dharampur, P.S.-
Sugauli , District- East Champaran
5. Basdeo Sah S/o Late Raghuvir Sah R/o village Dharampur, P.S.- Sugauli ,
District- East Champaran
6. Triloki Sah S/o Late Bhukhal Sah R/o village Dharampur, P.S.- Sugauli ,
District- East Champaran
7. Fulmati Devi D/o Basdeo Sah, w/o Sonalal Sah R/o village Dharampur, P.S.-
Sugauli , District- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramanand Ram S/o Late Jokhan Ram R/o village Dharampur, P.S.- Sugauli ,
District- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Singh, Adv
For the Respondent/s : Mr. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 06-01-2026 Heard learned counsel for the appellants, Ms. Usha
Kumari-1 learned Spl. PP. for the State and learned counsel for
the informant.
2. At the very outset, learned counsel for the
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appellants submits that inadvertently in paragraph no. 3 of the
bail petition Sugauli P.S. case no. 192 of 2024 has been pleaded
in place of Sugauli PS case no. 194 of 2024, hence, seeks
permission to rectify the same.
3. Permission is accorded.
4. 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 28.06.2024 in A.B.P. No. 2250 of 2024 passed by
the learned Special Judge S.C./S.T, Act, East Champaran, in
connection with Sugauli P.S. case no. 192 of 2024 registered for
the offences punishable under Sections 447, 341, 323, 324, 504,
506 and 34 of the I.P.C. and Sections 3(i)(r)(s) of the SC/ST
(PoA) Act.
5. Learned counsel for the appellants submits that the
appellants have antecedent of one case but then said case was
also instituted from the side of the informant. It is further alleges
that on 27.04.24 at 7:00 A.M., while he was keeping fodder in
his cowshed when the accused persons including the appellants
came to his house and started abusing by taking caste name and
on instigation of Basudeo Sah (appellant no. 5) and accused,
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Arjun assaulted the informant by sword causing injury on his
head and when Rajesh (son of informant) came to rescue him,
accused Girdhari (appellant no. 3) assaulted him by dabiya
causing injury, thereafter, Kundan (appellant no. 2) assaulted
Rajesh by farsa while Bhim (appellant no. 4) assaulted Suresh
by khariya causing injury and co-accused Chunmun assaulted
Suresh with lathi and Triloki (appellant no. 6) assaulted Suresh
with bhala causing injury on his hand.
6. Learned counsel for the appellants submits that the
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that appellant no. 2 married to
Raushni Devi (daughter of Shivshankar Ram), who is the
agnate of the informant which has led to a dispute and
accordingly earlier also the side of the appellants were
implicated in a false case. It is further submitted that though in
the FIR it is alleged that the accused persons came and assaulted
the side of the informant by sword, dabiya, bhala and lathi
causing injury to the injured but then all the injuries have been
opined to be simple in nature caused by hard and blunt
substance. It is thus submitted that allegation of assault by sharp
edged weapons is belied by the injury report. It is also submitted
that the entire occurrence took place at the house of the
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informant as such was not in public place, hence, prima facie no
case under the SC/ST act is made out.
7. Learned Spl. P.P. for the State and learned counsel
for the informant oppose the prayer for anticipatory bail of the
appellants but then are not in a position to rebut the submission
of the learned counsel appearing on behalf of the appellants that
the appellant no. 2 married to the daughter of Shivshankar Ram
and the injury suffered by the injured has been opined to be
simple in nature caused by hard and blunt substance and the
occurrence took place at the house of the informant.
8. In view of the submissions made by the learned
counsel for the appellants, the order dated 28.06.2024 in A.B.P.
No. 2250 of 2024 passed by the learned Special Judge S.C./S.T,
East Champaran, in connection with Sugauli P.S. case no. 192 of
2024 is hereby set aside and the appellants above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, 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 court below where the case is
pending/successor court in connection with Sugauli P.S. case no.
192 of 2024 subject to the conditions as laid down under
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Section 482 (2) of the BNSS.
9. Accordingly the appeal stands allowed.
(Satyavrat Verma, J)
Jyoti/-
U T
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