Patna High Court
BHOLA SINGH @ DHANANJAY KUMAR SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court held that the vague, omnibus nature of the allegations precluded a denial of anticipatory bail and set aside the lower court’s refusal, granting bail to the appellants.
Summary
The appellants, three residents of Dharipur, were charged under Sections 341, 323, 504, 506 and 34 of the IPC and Section 3(1)(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting and abusing an informant on caste grounds. They filed an appeal under Section 14‑A(2) of the SC/ST Act against the lower court's refusal to grant anticipatory bail. The appellants argued that the FIR contained only vague, omnibus allegations and did not specifically implicate any of them. The State and the informant could not point to any particular accusation against the individual appellants. The Patna High Court, finding the allegations non‑specific, set aside the lower court’s order and granted anticipatory bail subject to conditions under Section 482(2) of the CrPC. Consequently, the appeal was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act when the FIR contains only general, non‑specific allegations against the accused.
- Whether the lower court erred in refusing anticipatory bail in the absence of specific charges against the appellants.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- IPC offences
- Section 14-A
- general allegations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.45 of 2022
Arising Out of PS. Case No.-89 Year-2021 Thana- AWTARNAGAR District- Saran
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1. Bhola Singh @ Dhananjay Kumar Singh Son Of Late Jagarnath Singh R/O
Village- Dharipur, P.S.- Awatarnagar, Dist.- Saran
2. Ranjay Singh @ Ranjan Kumar Singh Son Of Late Jagarnath Singh R/O
Village- Dharipur, P.S.- Awatarnagar, Dist.- Saran
3. Dharmendra Singh @ Dharmendra Kumar Son Of Late Krishna Singh R/O
Village- Dharipur, P.S.- Awatarnagar, Dist.- Saran
... ... Appellant/s
Versus
1. The State Of Bihar
2. Baban Kuma Ram Son Of Munni Ram R/O Village- Haraji, P.S.- Awatar
Nagar, Dist.- Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Dr. Rajesh Kumar Singh, Advocate
For the Respondent/s : Mr. Usha Kumari No. 1, Spl.P.P.
For the Informant : Mr. Harish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 08-04-2026 Heard learned counsel for the appellants, learned
counsel for the informant and learned Spl. P.P. for the State.
2. 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 1.11.2021 passed by the learned Court of 1st
Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA)
Act, Saran at Chapra in connection with Awatar Nagar P.S. Case
No. 89 of 2021 registered for the offences punishable under
Patna High Court CR. APP (SJ) No.45 of 2022(4) dt.08-04-2026
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Sections 341, 323, 504, 506 and 34 of the IPC and Section 3(1)
(2)(va) of the SC and ST Act.
3. Learned counsel for the appellants submits that the
appellants are persons with clean antecedent and the informant
alleges that on 02.03.2021 at 11:30 AM, the appellants along
with five unknown accused intercepted him near Dharipur and
abused him by taking caste name and even assaulted.
4. Learned counsel for the appellants submits that the
appellants have been falsely implicated in the instant case by the
informant, it is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that the
allegation of abuse and assault is general and omnibus in nature,
it is next submitted that 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.
5. Learned Spl. P.P. for the State and learned counsel
for the informant opposed the prayer for anticipatory bail of the
appellants but then are not in a position to rebut the submission
of the learned counsel appearing for the appellants that no
specific allegation of assault and abuse is against any of the
appellants.
Patna High Court CR. APP (SJ) No.45 of 2022(4) dt.08-04-2026
3/3
6. In view of the submissions made by the learned
counsel for the appellants, the order dated 1.11.2021 passed by
the learned Court of 1st Additional Sessions Judge-cum-Special
Judge S.C./S.T. (POA) Act, Saran at Chapra in connection with
Awatar Nagar P.S. Case No. 89 of 2021 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 court below where
the case is pending/successor court in connection with Awatar
Nagar P.S. Case No. 89 of 2021 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. Accordingly the appeal stands allowed.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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