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Patna High Court

Vikram Pandit @ Vikram KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the appellants are entitled to anticipatory bail, setting aside the lower court's refusal.

Summary

The appellants, a group of men from the Pandit family, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and several sections of the Bihar Penal Code for allegedly assaulting an informant and her son over a wage dispute at the informant's house. The trial court refused anticipatory bail, prompting the appellants to appeal under Section 14‑A(2) of the SC/ST Act. The High Court first condoned a six‑day delay in filing the appeal and then examined whether the alleged assault, which occurred inside a private residence and was described in vague terms, warranted denial of bail. Considering the appellants' clean antecedents and the private nature of the alleged incident, the Court held that anticipatory bail could be granted subject to standard conditions. Consequently, the order refusing bail was set aside and the appeal was allowed, with the appellants directed to furnish bail bonds and sureties.

Issues considered

  • Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act for the offences alleged.
  • Whether the alleged assault, occurring inside a private dwelling and described in general terms, disqualifies the appellants from bail.
  • Whether the six‑day delay in filing the appeal should be condoned.
  • Whether the trial court correctly applied Sections 438(2) Cr.P.C. and 482(2) of the Bihar Negotiable Sale (B.N.S.S.) in refusing bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • assault
  • private dwelling
  • Section 14-A
  • bail conditions
  • delay condonation
  • Criminal Procedure Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3848 of 2025
                        Arising Out of PS. Case No.-20 Year-2025 Thana- SC/ST District- Sitamarhi
                 ======================================================
           1.     Vikram Pandit @ Vikram Kumar Son of Motilal Pandit Resident of Kusmari
                  PS- Riga District -Sitamarhi
           2.    Birendra Pandit @ Virendra Pandit son of Bhikhari Pandit Resident of
                 Kusmari PS- Riga District -Sitamarhi
           3.    Motilal Pandit Son of Bhikhari Pandit Resident of Kusmari PS- Riga District
                 -Sitamarhi
           4.    Mohit Pandit @ Nihit Pandit son of Motilal Pandit Resident of Kusmari PS-
                 Riga District -Sitamarhi
           5.    Raja Pandit @ Raja Kumar son of Motilal Pandit Resident of Kusmari PS-
                 Riga District -Sitamarhi
                                                                        ... ... Appellant/s
                                                Versus
           1.    The State of Bihar
           2.     Ranju Devi Wife of Late Krishnandan Ram Resident of Kusmari PS- Riga
                  District -Sitamarhi
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Ayush Kumar, Advocate
                 For the Respondent/s     :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   24-06-2026                 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 04.06.2025 in SC/ST A.B.P. No. 30 of 2025 passed

                   by the learned 1st Additional Sessions Judge-cum-Special Judge,
Patna High Court CR. APP (SJ) No.3848 of 2025(4) dt.24-06-2026
                                             2/4




          SC/ST (POA) Act, Sitamarhi in connection with Sitamarhi

          SC/ST P.S. Case No. 20 of 2025 registered under Sections 126,

          74, 76, 352, 351, 115(2), 117(2), 303(2) and 3(5) of the BNS as

          well as Sections 3(1)(r)(s)(w)(i)(ii) and 3(2)(va) of the SC/ST

          Act.

                       3. In view of the grounds taken in the limitation

          application, delay of six days in filing the appeal is condoned, as

          such, I.A. No. 01 of 2025 is allowed.

                       4. Learned counsel appearing on behalf of the

          appellants submits that appellants are persons with clean

          antecedent and the informant alleges that her son worked as

          labour of Vikram but her son refused to work for Vikram since

          he was being paid less wages. Further, on 18.04.2025, in

          between 07:00-08:00 p.m., the appellants came to the house of

          the informant and started abusing and on objection appellants

          assaulted her and her son by an iron chain causing injury on

          head and even assaulted the informant on chest by brick and

          torn her Saree.

                       5. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that on
Patna High Court CR. APP (SJ) No.3848 of 2025(4) dt.24-06-2026
                                             3/4




          account of dispute relating to wages, the occurrence is alleged to

          have taken place. It is next submitted that if the son of the

          informant was not willing to work as a labour, there was

          absolutely no occasion for the appellants to go to the house of

          the informant for committing the act of abuse and assault. It is

          also submitted that even presuming what has been alleged is

          true without admitting then the allegation of assault and abuse is

          general and omnibus in nature and the occurrence did not take

          place in public view as the informant herself alleges that the

          appellants came to her house and committed the occurrence.

                       6. Learned Special Public Prosecutor for the State 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 said submissions of the learned counsel

          appearing on behalf of the appellants that the entire occurrence

          took place in the house of the informant and, thus, was not in

          public view and allegation of assualt is not specific.

                       7. 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 within a

          period of six weeks from the date of receipt of the order, be

          released on anticipatory bail on furnishing bail bonds of
           Patna High Court CR. APP (SJ) No.3848 of 2025(4) dt.24-06-2026
                                                        4/4




                     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 Cr.P.C./482(2) of the B.N.S.S.

                                  8. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.


                                                                            (Satyavrat Verma, J)

Kundan/-

U     T


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