Patna High Court
Rajan Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the appeal and granted anticipatory bail to the appellant subject to bond and surety conditions.
Summary
The appellant, an 18‑year‑old named Rajan Kumar Sah, was charged under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault and caste‑based abuse arising from a dispute over mango plucking. He applied for anticipatory bail, but the Special Judge refused it. The appellant argued that the notice was served on the second respondent who failed to appear, that he has a clean record, and that the allegations are vague and stem from a trivial dispute, making the charges false. The State opposed the bail. The Patna High Court, exercising its power under Section 14‑A(2) of the SC/ST Act and Section 482(2) of the CrPC, set aside the lower court’s order and granted anticipatory bail subject to a bond of Rs.5,000 and two sureties, with standard conditions. The appeal was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act in a case involving offences under the Bihar Penal Code and the SC/ST Act.
- Whether the failure of the second respondent to appear after service of notice affects the grant of anticipatory bail.
- Whether the allegations constitute a cognizable offence warranting denial of anticipatory bail.
Legislation cited
- Bihar Penal Code — s. 115(2), 126(2), 303(2), 3(5), 352
- Criminal Procedure Code — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste violence
- false implication
- Section 14-A
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3889 of 2025
Arising Out of PS. Case No.-144 Year-2025 Thana- KOPA District- Saran
======================================================
Rajan Kumar Sah S/O Lal Babu Sah R/O Village- Kumna, P.S.- Kopa,
Distgrict- Saran
... ... Appellant/s
Versus
1. The State of Bihar
2. Hajari Sah S/O late Manbodh Sah R/O Village- Kumna, P.S.- Kopa,
Distgrict- Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Harish Kumar
For the Respondent/s : Mr. Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 29-04-2026 1. Heard learned counsel for the appellant and learned
Spl. P.P. for the State, Sri Binay Krishna.
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 13-8-2025 in A.B.P. No. 2822 of 2025 passed by the
learned Exclusive Special Judge S.C./S.T. (POA) Act, Saran in
connection with Kopa P.S. Case No. 144 of 2025 registered for
the offences punishable under Sections 126(2), 115(2), 352,
303(2) and 3(5) of the BNS as well as Sections 3(1)(r)(s)
(w)/3(2)(va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.3889 of 2025(3) dt.29-04-2026
2/3
3. Learned counsel for the appellant submits that from
perusal of the office report dated 2-4-2026, it would manifest
that notice has been validly served on respondent no. 2, but then
respondent no. 2 despite receiving notice chooses not to appear
and contest.
4. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and is a young boy
aged about 18 years and the informant alleges that Rajan was
plucking mango for the last 2-3 days from the land he used to
guard, accordingly he went to his house to complain, when he
was abused by taking caste name and thereafter his named
friends came and assaulted his family members and tore clothes
of Kusum and Putul.
5. Learned counsel for the appellant submits that the
appellant has been falsely implicated in the instant case. It is
next submitted that from perusal of the allegations as alleged in
the FIR, it would manifest that on account of trivial dispute
relating to plucking of mango, the occurrence is alleged to have
taken place, but then from perusal of the allegation as alleged in
the FIR, it would manifest that allegation of assault and abuse is
general and omnibus in nature. It is also submitted that the
occurrence took place at the house of Rajan and thereafter at the
Patna High Court CR. APP (SJ) No.3889 of 2025(3) dt.29-04-2026
3/3
house of informant as such was not in public view. It is next
submitted that this perhaps explains why informant despite
receiving notice chooses not the appear and contest. It is also
submitted that if appellant in the nature of allegation is sent to
judicial custody, his entire career would get jeopardized and
chances are bright that he may come in contact with hardened
criminals.
6. Learned Spl. P.P. for the State, Sri Binay Krishna
opposes the prayer for anticipatory bail of the appellant.
7. Considering the aforesaid facts, let the appellant
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
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. Accordingly, the impugned order is set aside and
the appeal stands allowed.
(Satyavrat Verma, J)
Sumit/-
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