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Patna High Court

Basant Singh @ Sadhu SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/4




          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
                                             3/4




          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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