Patna High Court
Rakesh SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed anticipatory bail to the appellants, setting aside the trial court’s refusal.
Summary
The appellants, members of the Sahani family, were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault, robbery and other offences that occurred during a marriage ceremony on 5‑6‑2025. They contended that the allegations were vague, that the incident stemmed from a dispute over music rather than caste animus, and that the informant failed to appear despite notice. The trial court had refused anticipatory bail under Section 14‑A(2) of the SC/ST Act. The Patna High Court, after hearing counsel, held that the appellants were entitled to anticipatory bail, directing them to furnish bail bonds and sureties, and set aside the lower court’s order. The court emphasized the clean antecedents of the accused and the lack of concrete evidence linking the offences to caste discrimination. Both appeals (Cr. App. (SJ) Nos. 4297 and 4521 of 2025) were allowed.
Issues considered
- What is the appropriate exercise of discretion under Section 14‑A(2) of the SC/ST Act in granting anticipatory bail?
- Whether the allegations against the appellants are sufficiently linked to caste‑based atrocities to deny bail?
- Whether procedural lapses such as delay in filing the FIR and the informant’s non‑appearance affect the bail decision.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 125(a), 125(b), 126(2), 190, 191(2), 191(3), 303(2), 351(3), 352, 76
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste atrocities
- Indian Penal Code
- Section 14-A
- Section 482
- high court
- bail discretion
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4297 of 2025
Arising Out of PS. Case No.-192 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
1. Arjun Sahani @ Arjun Kumar S/o Nagendra Sahani Resident of village-
Lahi P.S.- Madhuban District- East Champaran
2. Rajesh Sahani @ Rajesh Kumar @ Rakesh Kumar S/o Suresh Sahani
Resident of village- Lahi P.S.- Madhuban District- East Champaran
3. Raju Sahani @ Raju Kumar S/o Suresh Sahani Resident of village- Lahi
P.S.- Madhuban District- East Champaran
4. Gopi Kumar @ Manoj Kumar S/o Lakhindra Sahani Resident of village-
Lahi P.S.- Madhuban District- East Champaran
5. Muku Sahani @ Mukesh Kumar S/o Suresh Sahani Resident of village- Lahi
P.S.- Madhuban District- East Champaran
6. Mohan Sahani S/o Late Mahadeo Sahani Resident of village- Lahi P.S.-
Madhuban District- East Champaran
7. Nagendra Sahani S/o Jini Sahani Resident of village- Lahi P.S.- Madhuban
District- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Pappu Kumar S/o Mahesh Ram R/o vill - Lahi, P.S.- Madhuban, Distt.- East
Champaran
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 4521 of 2025
Arising Out of PS. Case No.-192 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
1. Rakesh Sahani son of Ramyash Sahani Resident of Village- Lahi Ps-
Madhuban, Dist- East Champaran
2. Sandip Sahani @ Sandip Kumar son of Rakesh Sahani Resident of Village-
Lahi Ps- Madhuban, Dist- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Pappu Kumar son of Mahesh Ram Resident of Village- Lahi Ps- Madhuban,
Dist- East Champaran
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 4297 of 2025)
Patna High Court CR. APP (SJ) No.4297 of 2025(5) dt.11-05-2026
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For the Appellant/s : Mr.Ajay Kumar Singh
For the Respondent/s : Mr.Sadanand Paswan
(In CRIMINAL APPEAL (SJ) No. 4521 of 2025)
For the Appellant/s : Mr.Dhannjay Kumar Ii
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 11-05-2026 Re: Cr. APP (SJ) No. 4297 of 2025.
1. Heard learned counsel for the appellants and
learned Spl. P.P. for the State, Sri Sadanand Paswan.
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 9-9-2025 in A.B.P. No. 4279 of 2025 passed by the
learned Exclusive Special Judge S.C./S.T. (POA) Act, East
Champaran at Motihari, in connection with Madhuban P.S. Case
No. 192 of 2025 registered for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 76, 109, 303(2),
125(a), 125(b), 352, 351(3) of the BNS as well as Sections 3(1)
(r)(s) of the SC/ST Act.
3. Learned counsel for the appellants submits that
informant despite receiving notice chooses not to appear and
contest. It is next submitted that appellants are persons with
clean antecedent and the informant alleges that on 5-6-2025, 36
named accused persons including the appellants abused the
Patna High Court CR. APP (SJ) No.4297 of 2025(5) dt.11-05-2026
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women members of the family of the informant who had gone to
the temple to offer prayer on eve of his sister’s marriage,
accordingly the informant and his father reached the place of
occurrence and requested not to create disturbance in his sister’s
marriage, but accused persons started abusing and assaulted
causing injury to several persons as detailed in the FIR and
Suresh snatched Rs. 50,000/- from his pocket and snatched
silver chain of female members, further his sister’s marriage was
performed under police protection.
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
allegation of abuse and assault is general and omnibus in nature.
It is also submitted that it does not appear probable that all
accused in one go would have abused the informant and his side
by taking caste name. It is further submitted that no doubt
marriage of the sister of the informant was to be performed on
the date of occurrence, but then vulgar DJ song was being
played at the door of the appellants, which was objected by the
appellants and villagers, on account of which an altercation took
place and both sides assaulted each other. It is next submitted
Patna High Court CR. APP (SJ) No.4297 of 2025(5) dt.11-05-2026
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that this explains why informant in the FIR alleges that 36
named accused persons came. It is further submitted that date of
occurrence is 5-6-2025 and the FIR came to be instituted on 9-6-
2025, i.e., after a delay of four days. It is also reiterated and
submitted that on account of dispute relating to playing of
vulgar song in the marriage, the occurrence is alleged to have
taken place and not on account of fact that informant and his
side belong to SC/ST community. It is next submitted that this
perhaps explains why informant despite receiving notice
chooses not to appear and contest.
5. Learned Spl. P.P. for the State opposes the prayer
for anticipatory bail of the appellants.
6. Considering the aforesaid facts, let 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 trial court where the case is pending/successor
court in connection with the aforesaid case, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the impugned order is set aside and
the appeal stands allowed.
Patna High Court CR. APP (SJ) No.4297 of 2025(5) dt.11-05-2026
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Re: Cr. APP (SJ) No. 4521 of 2025
1. Heard learned counsel for the appellants and
learned Spl. P.P. for the State, Sri Sadanand Paswan.
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 9-9-2025 in A.B.P. No. 4279 of 2025 passed by the
learned Exclusive Special Judge S.C./S.T. (POA) Act, East
Champaran at Motihari, in connection with Madhuban P.S. Case
No. 192 of 2025 registered for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 76, 109, 303(2),
125(a), 125(b), 352, 351(3) of the BNS as well as Sections 3(1)
(r)(s) of the SC/ST Act.
3. Learned counsel for the appellants submits that
appellants are persons with clean antecedent. It is further
submitted that Arjun Sahani @ Arjun Kumar and 6 others had
approached this Court seeking anticipatory bail by filing Cr.
APP (SJ) No. 4297 of 2025 and the same came to be allowed by
an order dated 11-15-2026 after considering the case on merits
and in detail. It is also submitted that case of the appellants is
Patna High Court CR. APP (SJ) No.4297 of 2025(5) dt.11-05-2026
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similar to the case of Arjun Sahani @ Arjun Kumar and 6 others.
4. Learned Spl. P.P. for the State is not in a position to
rebut the submission of the learned counsel appearing on behalf
of the appellants.
5. After hearing the learned counsel for the parties
and taking into consideration the order dated 11-5-2026 in Cr.
APP (SJ) No. 4297 of 2025, let 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
trial court where the case is pending/successor court in
connection with the aforesaid case, subject to the conditions as
laid down under Section 482 (2) of the BNSS.
6. Accordingly, the impugned order is set aside and
the appeal stands allowed.
(Satyavrat Verma, J)
Sumit/-
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