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Patna High Court

BHOLA SINGH @ DHANANJAY KUMAR SINGHversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                             2/3




          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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