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Patna High Court

Vinod SawversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside and anticipatory bail is granted to the appellants.

Summary

The appellants Vinod, Subodh and Pramod were charged under several provisions of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and her husband after a dispute over a public pathway. The lower court had denied their prayer for anticipatory bail, holding that the alleged acts constituted an atrocity under the SC/ST Act. The appellants contended that the dispute was purely a land‑pathway issue, not motivated by caste animus, and that they were falsely implicated. The High Court examined whether the facts indicated a caste‑based atrocity or a civil land dispute and considered the applicability of Section 133 of the CrPC for factual inquiry. Finding that the injuries were simple and the root cause was a property dispute, the Court set aside the lower court's order and granted anticipatory bail. The judgment directed the appellants to furnish a bail bond of Rs.10,000 with two sureties within four weeks of arrest or surrender.

Issues considered

  • Whether the alleged assault and theft constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act.
  • Whether anticipatory bail can be granted in a case involving alleged atrocities under the SC/ST Act.
  • Whether the dispute is motivated by caste animus or is a civil land/pathway dispute, affecting the applicability of the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste atrocity
  • land dispute
  • public pathway
  • Section 133 CrPC
  • criminal procedure
  • assault
  • theft

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4445 of 2025
                       Arising Out of PS. Case No.-26 Year-2025 Thana- SC/ST District- Sheikhpura
                 ======================================================
           1.     Vinod Saw S/o Late Kaleshwar Saw R/o Village - Nimmi, P.S - Shekhopur
                  Sarai, District -Sheikhpura
           2.    Subodh Saw @ Subodh Kumar S/o Vinod Saw R/o Village - Nimmi, P.S -
                 Shekhopur Sarai, District -Sheikhpura
           3.    Pramod Saw @ Pramod Kumar S/o Vinod Saw R/o Village - Nimmi, P.S -
                 Shekhopur Sarai, District -Sheikhpura

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Munni Devi W/o Manoj Paswan R/o Village - Nimmi, P.S - Shekhopur
                 Sarai, District -Sheikhpura

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :         Mr.Nilendu Kumar Choudhary
                 For the Respondent/s    :         Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   24-02-2026                     Heard learned counsel for the appellant.

                               2. This appeal has been preferred on behalf of the

                   appellants under Section 14-A (2) of the SC & ST (Prevention

                   of Atrocities) Act, 1989, for setting aside the order dated

                   10.10.2025,        passed by the learned District and Additional

                   Sessions Judge-1st-cum-Special Judge, SC/ST Act, Sheikhpura,

                   in connection with (Sheikhpura) SC/ST P.S.Case No. 26 of

                   2025, registered for the offences punishable under Sections

                   126(2), 115(2), 76, 303(2), 352, 351 and 3(5) of the BNS and

                   Sections 3(1)(r)(s)/3(2)(va) of the SC ST Act, whereby the
Patna High Court CR. APP (SJ) No.4445 of 2025(3) dt.24-02-2026
                                             2/3




          prayer for anticipatory bail of the appellants has been rejected.

                       3. According to the FIR, the appellants encroached

          the public path, and at the instance of the informant, the Circle

          Officer verified the matter and prohibited the accused persons

          from construction.           Being aggrieved, the accused persons,

          including the appellants abused the informant an assaulted her

          and her husband.

                       4.     The learned counsel for the appellants has

          submitted that the appellants are innocent and have falsely been

          implicated. The root cause of the dispute is not the malicious

          feeling of caste, rather it is a dispute regarding a pathway.

          According to the submission of the learned counsel for

          appellants, the appellants were constructing their house on their

          own land and it was not a public path.

                       5. On the other hand, the learned counsel for the

          informant vehemently opposed the prayer for bail by submitting

          that the accused persons abused the informant and her husband

          in full public view and also assaulted them and snatched the

          gold locket and Rs.15,000/-.

                       6. The root cause of the occurrence appears to be the

          land dispute (a dispute relating to pathway). The appellants

          make claim over the land, whereas the informant claims the land
           Patna High Court CR. APP (SJ) No.4445 of 2025(3) dt.24-02-2026
                                                        3/3




                     as a public path. It is a subject-matter of inquiry under Section

                     133 of the CrPC. It appears that the rood cause of the

                     occurrence is not the malicious feeling of caste, rather it is a

                     land dispute. The injuries are simple in nature.

                                  7. Considering the facts and circumstances, the appeal

                     is allowed and the impugned order dated 10.10.2025, passed by

                     the learned District and Additional Sessions Judge-1st-cum-

                     Special Judge, SC/ST Act, Sheikhpura, in connection with

                     (Sheikhpura) SC/ST P.S.Case No. 26 of 2025 is set aside.

                                  8. Accordingly, in the event of arrest or surrender

                     within four weeks from today, the appellants, above-named shall

                     be released on anticipatory bail on furnishing bail bond of Rs.

                     10,000/-(ten thousand) with two sureties of the like amount each

                     to the satisfaction of the learned District and Additional

                     Sessions Judge-1st-cum-Special Judge, SC/ST Act, Sheikhpura,

                     in connection with (Sheikhpura) SC/ST P.S.Case No. 26 of

                     2025.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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