Patna High Court
Basant Singh @ Sadhu SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is allowed and the appellant is released on bail with conditions.
Summary
The appellant, Basant Singh, was charged under several provisions of the Bihar Narcotic Substances Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting and causing the death of a person. He appealed the lower court's refusal to grant regular bail, arguing that the FIR contains only a generic, omnibus allegation against him and no specific charge. The State opposed bail, citing the seriousness of the offence and the appellant's prior criminal antecedent. The Patna High Court examined whether the lack of specific allegations justified bail and held that the appellant was entitled to bail despite the general nature of the accusation. The Court set aside the lower court’s order, granted bail on a Rs.10,000 bond with two sureties, and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. Consequently, the appeal was allowed.
Issues considered
- Whether the appellant is entitled to regular bail when the FIR contains only a general, omnibus allegation and no specific charge against him.
- Whether the lower court erred in refusing bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 115(2), 126(3), 127(2), 190, 191(2), 191(3)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- regular bail
- SC/ST Act
- omnibus allegation
- criminal antecedent
- appeal
- bail conditions
- scheduled castes
- scheduled tribes
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4309 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- SIKARHATTA District- Bhojpur
======================================================
Basant Singh @ Sadhu Singh S/O Jamindar Singh Resident of Village-
Pathkhauli, P.S- Sikarhatta, Distt.- Bhojpur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ravinandan Prasad S/O Mahendra Ram R/O Village- Pathkhauli, P.S-
Sikarhatta, Distt.- Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravindra Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
For the Resp. No. 2 : Mr. Parmatma Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 18-04-2026 Heard Mr. Ravindra Kumar, learned counsel for the
appellant, Mr. Parmatma Singh, learned counsel appearing on
behalf of the Respondent No. 2 as well as Mr. Sadanand
Paswan, learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 04.08.2025
passed by the learned Court of 1st Additional Sessions Judge-
cum-Special Judge, SC/ST Act, Bhojpur at Ara in connection
with SC/ST Case No. 129 of 2025 arising out of Sikarhatta P.S.
Case No. 88 of 2025, F.I.R. dated 15.05.2025 registered under
Sections 191(2), 191(3), 190, 126(3), 127(2), 115(2), 103(1) of
the BNS, 2023 and Sections 3(1)(r)/(s), 3(2)(v) of the Scheduled
Patna High Court CR. APP (SJ) No.4309 of 2025(5) dt.18-04-2026
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Castes and Scheduled Tribes Act (Prevention of Atrocities) Act.
3. According to the prosecution case, all the accused
persons including this appellant have intercepted the brother of
the informant and brutally assaulted him resulting into his death.
4. Learned counsel for the appellant submits that
appellant is innocent and he has falsely been implicated in the
present case. He further submits that although the appellant is
named in the FIR but from perusal of the FIR it appears that the
informant is not the eye witness of the alleged occurrence and
he has filed the present case merely on the basis of suspicion
and information furnished by the brother of the informant
(deceased). He further submits that it appears from the
aforesaid, there is no specific allegation against the appellant
rather there is general and omnibus allegation against all the
accused persons including this appellant. He further submits that
the police, after investigation, submitted charge sheet against the
appellant. The appellant is in custody since 16.05.2025.
5. Learned counsel appearing on behalf of the
Respondent No. 2 as well as learned Special Public Prosecutor
for the State have vehemently opposed the prayer for bail of the
appellant and submits that the appellant along with other
accused persons have committed the present crime in question
Patna High Court CR. APP (SJ) No.4309 of 2025(5) dt.18-04-2026
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and apart from that the appellant carries one criminal antecedent
other than the present one but fairly submits that he is on bail in
the pending matter.
6. Considering the aforesaid facts and circumstances
of the case that there is no specific allegation against the
appellant rather there is general and omnibus allegation against
him, let the appellant, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Court of 1st Additional Sessions Judge-cum-Special Judge,
SC/ST Act, Bhojpur at Ara in connection with SC/ST Case No.
129 of 2025 arising out of Sikarhatta P.S. Case No. 88 of 2025,
with other following conditions:-
i. Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
Patna High Court CR. APP (SJ) No.4309 of 2025(5) dt.18-04-2026
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verify the criminal antecedent of the appellant and in case at
any stage it is found that the appellant have concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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