Patna High Court
Sabir Ansari @ Sabir HussainversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court held that the Section 18 bar does not apply to appellants 2‑5 due to lack of specific allegations, warranting pre‑arrest bail, whereas appellant 1 faces specific allegations and is denied anticipatory bail.
Summary
The appellants, five individuals from Buxar district, were charged under several provisions of the Bhartiya Nyay Sanhita‑2023 and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting and abusing an informant and his son by invoking their caste name. The appellants filed an appeal under Section 14(A)(2) of the SC/ST Act against the trial court’s denial of pre‑arrest bail. The court examined whether the bar under Section 18 of the SC/ST Act applied, focusing on whether specific allegations of caste‑based abuse were made against each accused. It found that for appellants 2, 3, 4 and 5 the allegations were vague and no overt act was specifically attributed, so the Section 18 bar did not arise and they were granted pre‑arrest bail on condition. However, appellant 1 faced specific allegations of assault and caste‑based abuse, and the court refused anticipatory bail for him. Consequently, the impugned order was modified, granting bail to four appellants while denying it to one, and the appeal was allowed in part.
Issues considered
- Whether the bar under Section 18 of the SC/ST (Prevention of Atrocities) Act is attracted in the present case.
- Whether specific allegations of caste‑based abuse and assault exist against each appellant sufficient to deny anticipatory bail.
- Whether pre‑arrest bail can be granted under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nyay Sanhita in the absence of specific charges.
Legislation cited
- Bhartiya Nyay Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 110, 115(2), 117(2), 126(2), 324(4), 3(5), 351, 352
- Code of Criminal Procedure, 1973 — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 14(A)(2), 18, 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- pre‑arrest bail
- SC/ST (POA) Act
- caste‑based abuse
- Section 18 bar
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
- specific allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3921 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- NAWANAGAR District- Buxar
======================================================
1. Sabir Ansari @ Sabir Hussain Son of Rustam Miya Resident of village -
Nawanagar, Police Station- Nawanagar, District- Buxar.
2. Rauf Miya S/O Ramzan Miya Resident of village - Nawanagar, Police
Station- Nawanagar, District- Buxar.
3. Sohel Ansari @ Md. Sohel Ansari @ Suhel Ansari Son of Rauf Miya @
Maksood Miya Resident of village- Ariyaon, Police Station- Krishnabrahm,
District- Buxar.
4. Md. Nasim Ansari Son of Younus Ansari Resident of village and P.S.-
Jagdishpur, District- Bhojpur.
5. Anul Ansari Son of Late Haidar Ansari Resident of village - Pawani, Police
Station- Buxar (M), District- Buxar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Lal Ji Dhobi Son of Late Jaynath Dhobi Resident of village- Nawanagar,
Police Station- Nawanagar, District- Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar, Advocate
For the Respondent/s : Mr.Usha Kumari 1, Spl.PP
For the Informant : Mr.Abhishek Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 16-04-2026 Heard learned counsel for the appellants, learned
Spl. PP for the State and learned counsel for the informant.
2. The appellant has preferred the appeal under
Section 14(A)(2) of the SC/ST Act against the rejection of
prayer for pre-arrest bail vide order dated 29.08.2025 passed by
learned District and Additional Sessions Judge I cum Special
Patna High Court CR. APP (SJ) No.3921 of 2025(4) dt.16-04-2026
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Judge SC/ST (POA) Act Buxar vide A.B.P. No. 942 of 2025
arising out of Nawanagar P.S. Case No. 69 of 2025 for the
offence under sections 126(2), 115(2), 117(2), 110, 324(4), 351,
352, 3(5) of Bhartiya Nyay Sanhita- 2023 and section 3(1)(r)(s)
and 3(2) (va) of the SC/ST (P.O.A.) Act.
3. As per the allegations made in the F.I.R., the
appellants are alleged to have abused the informant and his son
by taking their caste name, assaulted them, and caused injuries
to them.
4. Learned counsel appearing on behalf of the
appellants submitted that the appellants are innocent and they
have falsely been implicated in the present case. There is no
specific allegation of assault against appellant nos. 2, 3, 4 and 5
and the allegations are general and omnibus in nature. He
further submitted that although injuries are alleged on the
informant and his son, the same are simple in nature. The
present case is a counter-blast to the earlier F.I.R. lodged by the
sister of appellant no. 2. The alleged abuse by taking caste name
was not in public view and the occurrence is private in nature,
as such, the bar under Section 18 of the SC/ST Act is not
attracted. Appellants have no criminal antecedent.
5. Mr. Abhishek Mishra, learned counsel appearing on
Patna High Court CR. APP (SJ) No.3921 of 2025(4) dt.16-04-2026
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behalf of the informant submitted that during the course of
investigation it has transpired that the son of the informant had
extended monetary help to the daughter of the appellants for
admission in a coaching institute and, upon demand of return of
the said amount, the occurrence took place. The occurrence took
place in public view and all the appellants assaulted the
informant’s son and family members and abused them by taking
the name of their caste. There are clear allegations against
appellant no. 1 of abusing by taking caste name with filthy
language and, therefore, the bar under Section 18 of the SC/ST
Act is attracted.
6. Learned Spl.PP for the State has opposed the prayer
for grant of bail to the appellant.
7. Having heard the rival submissions made on behalf
of the parties, as well as, upon perusal of the materials available
on record, it appears that, so far as, appellant nos. 2, 3, 4 and 5
are concerned, the allegations are general and omnibus in nature
and no specific overt act has been attributed to them. The
injuries, as per the medical report, are simple in nature and the
materials also indicate a case and counter-case between the
parties. Further, the allegation of caste-based abuse against these
appellants does not appear to be specific. In such circumstances,
Patna High Court CR. APP (SJ) No.3921 of 2025(4) dt.16-04-2026
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the impugned order dated 29.08.2025 is quashed and set-aside
as the bar under Section 18 of the SC/ST Act is not attracted.
8. The appellant nos. 2, 3, 4 and 5 have, prima facie,
made out a case that the assault is not attributable to them. In
absence of specific allegation against the appellant nos. 2, 3, 4
and 5, the learned Trial Court is directed to released the
appellants on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending in connection with Nawanagar P.S. Case No. 69 of
2025, subject to the condition as laid down under Section 438
(2) of the Cr.P.C / 482 (2) of the BNSS.
9. However, so far as, appellant no. 1 is concerned,
there are specific allegations of assault, as well as, abuse by
taking the name of caste in the alleged occurrence. In view
of such specific allegations, this Court is not inclined to
extend the privilege of anticipatory bail to appellant no. 1
and the prayer for anticipatory bail of appellant no. 1 stands
rejected.
10. Accordingly, the impugned order is modified to
Patna High Court CR. APP (SJ) No.3921 of 2025(4) dt.16-04-2026
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the above extent and appeal is party allowed.
(Purnendu Singh, J)
Ashishsingh/-
U T
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