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Patna High Court

Bali Singh @ Bali Ram PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order refusing anticipatory bail and allowed the appeal, granting anticipatory bail subject to conditions.

Summary

The appellants appealed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against a trial court order that refused anticipatory bail in a case involving alleged caste‑based abuse and assault under several provisions of the Bihar Negotiable Sale (BNSS) Act, 2023 and the SC/ST Act. The informant alleged that the three appellants, along with two unknown persons, assaulted him on 20‑07‑2025, invoking caste slurs. The appellants contended that the allegations were vague, omnibus, and that they were falsely implicated, noting prior criminal antecedents of two of them but a clean record for the third. The Special Public Prosecutor opposed the appeal. The High Court, after considering the submissions, set aside the trial court’s order refusing bail and granted anticipatory bail subject to bond and surety conditions under Section 482(2) of the BNSS, thereby allowing the appeal.

Issues considered

  • Whether the trial court erred in refusing anticipatory bail under Section 14-A(2) of the SC/ST Act.
  • Whether the allegations against the appellants are sufficient to deny anticipatory bail.
  • Whether the provisions of the BNSS Act and SC/ST Act justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • false implication
  • Section 14-A
  • criminal appeal
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4164 of 2025
                      Arising Out of PS. Case No.-377 Year-2025 Thana- BARHARIA District- Siwan
                 ======================================================
           1.     Bali Singh @ Bali Ram Prasad Son of Shiv Shankar Prasad @ Shiv Shankar
                  Singh R/O Village - Chotka Rohra, P.S.- Barhria, Distt.- Siwan, Pin -
                  841438.
           2.    Sunil Singh @ Sunil Kumar Son of Shiv Shankar Prasad @ Shiv Shankar
                 Singh R/O Village - Chotka Rohra, P.S.- Barhria, Distt.- Siwan, Pin -
                 841438.
           3.    Govinda Chauhan @ Govinda Kumar Son of Sharma Mahto @ Sharma
                 Chauhan R/O Village - Hakim Tola, P.S.- Barhria, Distt.- Siwan, Pin -
                 841438.
                                                                      ... ... Appellant/s
                                              Versus
           1.    The State of Bihar
           2.     Bittu Ram Son of Ram Ashish Ram R/O Malik Tola, P.O.- Barhadiya, P.S.-
                  Barhadiya, Distt.- Siwan, Pin Code - 841438.
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Parth Gaurav, Advocate
                 For the Respondent/s   :        Ms. Usha Kumari 1, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   11-05-2026                    1. Heard learned counsel for the appellants and

                   learned Special P.P. for the State, Ms. Usha Kumari 1.

                                  2. The learned counsel for the appellant submits

                   that respondent no. 2 despite receiving notice chooses not to

                   appear and contest.

                                  3. 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 12.09.2025 in A.B.P. No. 2669 of 2025 passed by

                   the learned 1st Additional Sessions Judge-cum-Special Judge,
Patna High Court CR. APP (SJ) No.4164 of 2025(4) dt.11-05-2026
                                             2/3




          Siwan in connection with Barharia P.S. Case No. 377 of 2025

          registered for the offences punishable under Sections 126(2),

          115(2), 352, 351(2) and 3(5) of the BNS, 2023 as well as

          Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.

                           4. Learned counsel for the appellants submits that

          appellant no. 1 has antecedent of two cases, appellant no. 2 has

          antecedent of one case and appellant no. 3 is a person with clean

          antecedent and the informant alleges that on 20.07.025 at 05:00

          PM, Bali, Sunil and Govinda abused him by taking caste name

          and assaulted by lathi, fist and danda causing injury on head and

          eye on account of previous dispute, further in the occurrence

          two unknown accused were also present whom the informant

          can identify.

                           5. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that allegation of abuse is general

          and omnibus in nature, it does not appear probable that all

          accused in one go would have abused the informant by taking

          caste name. It is also submitted that even allegation of assault is

          general and omnibus in nature. It is next submitted that the

          informant does not disclose where the occurrence took place, it

          is thus submitted that this perhaps explains why the respondent
            Patna High Court CR. APP (SJ) No.4164 of 2025(4) dt.11-05-2026
                                                         3/3




                      no. 2 despite receiving notice chooses not to appear and contest.

                                       6. Learned Special P.P. for the State opposes the

                      appeal.

                                       7. In view of the submissions made by the learned

                      counsel for the appellants, the order dated 12.09.2025 in A.B.P.

                      No. 2669 of 2025 passed by the learned 1st Additional Sessions

                      Judge-cum-Special Judge, Siwan in connection with Barharia

                      P.S. Case No. 377 of 2025, is hereby set aside and the

                      appellants above-named, in the event of their 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) 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 Barharia P.S. Case

                      No. 377 of 2025, subject to the conditions as laid down under

                      Section 482 (2) of the BNSS.

                                   8. Accordingly, the appeal stands allowed.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T


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