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Patna High Court

Gajadhar Sah @ Gaja SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and provisional anticipatory bail is granted, subject to verification of a clean criminal antecedent.

Summary

The appellants, five residents of Rasulpur Kori village, appealed to the Patna High Court under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against an order of the Exclusive Special Judge dated 19‑08‑2025 that had denied them anticipatory bail in a case registered under multiple sections of the Bihar Negotiable Sale Act and the SC/ST Act. The appellants argued that the FIR did not disclose a cognizable offence under the SC/ST Act and that the alleged incident occurred inside the informant's house, not in public view. The State and the informant contended that several of the appellants had prior criminal antecedents and therefore were not entitled to bail. The Court held that the impugned order was unsustainable, set it aside and allowed the appeal, granting provisional anticipatory bail subject to the trial court verifying that the appellants have a clean criminal antecedent. If any antecedent is found, the provisional bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether the allegations in the FIR constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act.
  • Whether anticipatory bail can be granted under Section 14A(2) of the SC/ST Act in the present circumstances.
  • Whether the existence of prior criminal antecedents of the appellants bars the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • scheduled castes
  • scheduled tribes
  • criminal antecedent
  • section 14A
  • section 482
  • high court
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3780 of 2025
                      Arising Out of PS. Case No.-350 Year-2025 Thana- GORAUL District- Vaishali
                 ======================================================
           1.     Gajadhar Sah @ Gaja Sah S/o Janak Sah Resident of village- Rasulpur Kori
                  Gaon, PS- Goroul, Dist- Vaishali
           2.    Ram Ji Sah S/o Parikshan Sah Resident of village- Rasulpur Kori Gaon, PS-
                 Goroul, Dist- Vaishali
           3.    Krishna Mohan Sah @ Lakshaman Sah S/o Bilas Sah Resident of village-
                 Rasulpur Kori Gaon, PS- Goroul, Dist- Vaishali
           4.    Ashok Sah S/o Janak Sah Resident of village- Rasulpur Kori Gaon, PS-
                 Goroul, Dist- Vaishali
           5.    Pankaj Kumar S/o Ashok Sah Resident of village- Rasulpur Kori Gaon, PS-
                 Goroul, Dist- Vaishali
                                                                        ... ... Appellant/s
                                                Versus
           1.    The State of Bihar
           2.     Savita Devi W/o Shiv Kumar Paswan R/o vill - Rasulpur Korigaon, P.S. -
                  Goroul, Distt.- Vaishali
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Subhash Kumar, Adv
                 For the Respondent/s    :        Mr.Sadanand Paswan, Spl. PP
                                                  Ms. Bela Singh, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   05-05-2026              1.    Heard learned counsel for the appellants, learned Spl.

                   P.P. for the State, Sri Sadanand Pawan, and the learned counsel

                   appearing on behalf of the informant.

                            2.    The appellants have preferred the present appeal under

                   Section 14A(2) of the Scheduled Castes and Scheduled Tribes

                   (Prevention of Atrocities) Act (for short ‘the Act’) against the order

                   dated 19.08.2025 passed by the learned Exclusive Special Judge

                   (SC/ST) Act, Vaishali at Hajipur /concerned Court, where the case is

                   pending in connection with Goroul P.S. Case No. 350 of 2025

                   registered under Sections 191(2), 191(3), 126(2), 115(2), 118(1), 74,
Patna High Court CR. APP (SJ) No.3780 of 2025(4) dt.05-05-2026
                                             2/3




          303(4), 324(4), 351(2) 352(2) of BNS and Sections 3(i)(r)(s) of

          SC/ST (POA) Act.

                    3.    Learned counsel for the appellants submits that the

          appellants are persons with clean antecedent, on which the learned

          counsel appearing on behalf of the informant submits that appellants

          have not approached the court with clean hand, it is next submitted

          that appellant nos. 1, 3, 4 and 5 have antecedent of two cases being

          SC/ST PS Case No. 48 of 2025 and Goroul PS Case No. 46 of 2021.

                    4.    Learned counsel for the appellants submits that from

          perusal of the allegation as alleged in the FIR, it would manifest that

          the informant alleges that accused persons including the appellants

          entered his house and abused by taking caste name.

                    5.    Learned counsel for the appellants submits that from

          perusal of the allegation as alleged in the FIR, it would manifest that

          in the nature of allegation prima facie no offence under the SC/ST

          Act is made out and the informant alleges that the occurrence was

          committed at his house, thus was not in public view. It is next

          submitted that similarly situated co-accused Amod and three others

          had approached this Court seeking anticipatory bail by filing Cr.

          Appeal (SJ) No. 3775 of 2025 and the same came to be allowed by an

          order dated 23-2-2026 passed by a learned Co-ordinate Bench.

                    6.    Learned Spl. P.P. for the State and learned counsel

          appearing on behalf of the informant are not in a position to rebut the

          said submission of the learned counsel appearing on behalf of the
              Patna High Court CR. APP (SJ) No.3780 of 2025(4) dt.05-05-2026
                                                           3/3




                        appellants. Learned counsel appearing on behalf of the informant

                        reiterates and submits that appellant nos. 1, 3, 4 and 5 have not

                        approached the court with clean hands.

                                  7.    After hearing the learned counsel for the parties, the

                        impugned order is set aside and the appeal stands allowed with a

                        condition that the appellants above-named, in the event of their arrest

                        or surrender within a period of six weeks from today, be released on

                        provisional 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/successor court in connection with the aforesaid case,

                        subject to the conditions as laid down under Section 482 (2) of the

                        BNSS.

                                  8.    Thereafter the learned Trial Court shall verify the

                        criminal antecedent of the appellants and in the event if it is found

                        that any of the appellants has antecedent of even one case, in that

                        event, the provisional anticipatory bail order shall not be confirmed,

                        but after verification if it is found that appellants are persons with

                        clean antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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