Patna High Court
Bhola SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is disposed of with a direction for the appellants to surrender before the trial court, effectively allowing anticipatory bail pending further consideration.
Summary
The appellants, members of a family residing in Batlohiya, appealed against the refusal of anticipatory bail in a case filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several IPC provisions. The complaint alleged that the appellants, in a land dispute, assaulted the complainant, tore her clothes, snatched her chain and used caste-based abuse while planting banana trees on her land. The appellants contended that they have clean antecedents, that no specific allegation was made against several of them, and that the alleged incident occurred inside the complainant’s house, not in public view. The State and the complainant opposed the bail but could not refute the claim of lack of specific allegations against some accused. The High Court, while inclined to grant anticipatory bail, disposed of the appeal by directing the appellants to surrender before the trial court on a specified date, leaving the trial court to consider the matter thereafter.
Issues considered
- Whether anticipatory bail should be granted to the appellants under Section 14-A(2) of the SC/ST Act.
- Whether the FIR contains specific allegations against each accused to justify denial of bail.
- Whether the court has taken cognizance of a prima facie case under the SC/ST Act and IPC offences.
Legislation cited
- Indian Penal Code — s. 109, 126(2), 191(3), 303(2), 3(5), 351(2), 352, 76
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- land dispute
- caste based violence
- specific allegation
- cognizance
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.438 of 2026
Arising Out of PS. Case No.-110 Year-2024 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
1. Bhola Singh S/O Late Yogendra Singh R/o Vill.- Batlohiya, P.S.- Pandaul,
District - Madhubani
2. Kailash Singh S/O Late Yogendra Singh R/o Vill.- Batlohiya, P.S.- Pandaul,
District - Madhubani
3. Umesh Singh S/O Late Yogendra Singh R/o Vill.- Batlohiya, P.S.- Pandaul,
District - Madhubani
4. Aditya Kumar Singh S/O Bhola Singh R/o Vill.- Batlohiya, P.S.- Pandaul,
District - Madhubani
5. Abhishek Kumar Singh S/O Late Daure Singh R/o Vill.- Batlohiya, P.S.-
Pandaul, District - Madhubani
6. Keshav Kumar Singh S/O Kailash Singh R/o Vill.- Batlohiya, P.S.- Pandaul,
District - Madhubani
7. Aman Kumar Singh S/O Umesh Kumar Singh R/o Vill.- Batlohiya, P.S.-
Pandaul, District - Madhubani
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Sita Devi Ram Vilas Ram R/V- Batlohiya, P.S.- Pandaul, District-
Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ashok Kumar Alias Ashok Karn
For the Respondent/s : Mr.Binay Krishna, Spl. PP
Mr. Ratnakar Jha, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 13-07-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State, Sri Binay Krishna and the learned counsel
appearing on behalf of the informant.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.438 of 2026(4) dt.13-07-2026
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Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 17-12-2025 in A.B.P. No. 2309 of 2025 passed by
the learned 1st Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, Madhubani in connection with C.R Case
No. 110 of 2024 registered for the offences punishable under
Sections 191(3), 303(2), 76, 109, 126(2), 352, 351(2) and 3(5)
of the BNS as well as Sections 3(1)(r)(s) and 3(2)(va) of the
SC/ST Act.
3. Learned counsel for the appellants submits that the
appellants are persons with clean antecedent and the
complainant alleges that she is staying on the land as detailed in
the complaint after constructing her house for decades, further
land of the appellants is adjacent to her land on which they do
agriculture, but the said land belongs to the State of Bihar,
further appellants by force are trying to oust her from her land
so that they can have direct access to the main road, it is next
alleged that on 8-10-2024 the appellants started planting banana
tree on her land, on objection accused abused and assaulted her
and Aditya tore her clothes and Kailash snatched her chain.
4. Learned counsel for the appellants submits that the
appellants have been falsely implicated in the instant case by the
Patna High Court CR. APP (SJ) No.438 of 2026(4) dt.13-07-2026
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complainant on account of dispute relating to land. It is next
submitted that from perusal of the allegations as alleged in the
FIR, it would manifest that no specific allegation is alleged
against appellant nos. 1, 3, 5, 6 and 7. It is also submitted that
even presuming what has been alleged is true without admitting
then the entire occurrence took place at the house of the
appellants and thus was not in public view and it does not
appear probable that all the accused in one go would have
abused the informant by taking caste name. It is next submitted
that as far as allegation of tearing clothes and snatching chain is
alleged, the same is ornamental. It is reiterated and submitted
that the allegations are to be appreciated in backdrop of a land
dispute as alleged in the complaint.
5. Learned Spl. P.P. for the State and learned counsel
appearing on behalf of the complainant opposes the prayer for
anticipatory bail of the appellants but then are not in a position
to rebut the submission of the learned counsel appearing on
behalf of the appellants that there is no specific allegation
against appellant nos. 1, 3, 5, 6 and 7 and allegation of abuse is
general and omnibus in nature and the entire occurrence took
place at the house of the complainant thus was not in public
view, but then learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.438 of 2026(4) dt.13-07-2026
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complainant submits that court has taken cognizance as such a
prima facie case is made out.
6. After hearing the learned counsel for the parties,
the Court was inclined to grant the privilege of anticipatory bail
to the appellants but since cognizance has been taken as such
the appeal is disposed of with a direction the appellants to
surrender before the learned trial court on 3-08-2026.
7. It is made clear that if appellants surrender on 3-08-
2026, in that event, the learned trial court shall consider and
dispose of the appeal on the same day keeping in mind the fact
that there is no specific allegation against appellant nos. 1, 3, 5,
6 and 7 and also keeping the observations of this court as
recorded hereinabove.
8. The appeal stands disposed of.
(Satyavrat Verma, J)
Sumit/-
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