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Patna High Court

Goldi @ Shaurya Raj @ ShauryaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The appellants, Goldi and Aditya, were charged under several sections of the B.N.S. and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant during a dispute over water spilling from a tank. The Special Judge had rejected their application for anticipatory bail. On appeal, the appellants argued that they have clean antecedents, the FIR contains only vague, omnibus allegations of abuse, and the altercation was triggered by the water issue, not by the informant’s caste. The investigating officer concurred that the injury was simple and did not dispute the appellants’ contentions. The Patna High Court held that the lower court’s order was unsustainable, set it aside, allowed the appeal and directed that the appellants be released on bail upon furnishing bail bonds, subject to Section 482(2) of the BNSS.

Issues considered

  • Whether the allegations in the FIR constitute a specific cognizable offence under the SC/ST (Prevention of Atrocities) Act.
  • Whether the appellant’s conduct was motivated by caste, making the offences under the SC/ST Act applicable.
  • Whether anticipatory bail should be granted in view of the nature of the alleged assault and the simplicity of the injury.
  • Whether the lower court erred in rejecting the anticipatory bail application.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based assault
  • general allegations
  • bail under Section 482
  • criminal appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4643 of 2024
                         Arising Out of PS. Case No.-442 Year-2024 Thana- DIGHA District- Patna
                 ======================================================
           1.     Goldi @ Shaurya Raj @ Shaurya Son of Vijay pandit @ Vijay Kumar Jha
                  R/o -Shivaji Nagar, Makhdumpur, PS- Digha, Disttt- Patna
           2.    Aditya @ Aditya Son of Vijay Pandit @ Vijay kr. Jha R/o -Shivaji Nagar,
                 Makhdumpur, PS- Digha, Disttt- Patna

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Godhan Paswan @ Brajesh Paswan Son of Heeralal Paswan Residence of
                 Village- Kuteshwar, P.S.- Bihta, Distt.- Patna, presently R/o -Shivaji Nagar,
                 Makhdumpur, PS- Digha, Disttt- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rama Nand Poddar
                 For the State           :        Mr. Binay Krishna- Spl.P.P.
                 For the Informant       :        Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

9   09-02-2026                  1. Heard the learned counsel for the appellants, the

                   learned Special Public Prosecutor for the State and the learned

                   counsel appearing on behalf of the informant.

                                2. The appellants have challenged the order dated

                   02.09.2024 passed by the learned Special Judge, SC/ST, Patna

                   in connection with ABP No.3557 of 2024 arising out of Digha P.

                   S. Case No.442 of 2024, instituted for the offences under

                   Sections 126, 115(2), 117, 109, 352, 351(2), 351(4), 3(5) of the

                   B.N.S. and Section 3(1)(r), 3(2)(v) of the Scheduled Castes &

                   Scheduled Tribes (Prevention of Atrocities) Act, whereby their
Patna High Court CR. APP (SJ) No.4643 of 2024(9) dt.09-02-2026
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          prayer for grant of anticipatory bail has been rejected.

                       3. The      Investigating       Officer   of   the   case,   in

          compliance of the order dated 03.02.2026, is present in the

          Court.

                       4. The learned counsel appearing on behalf of the

          appellants submits that appellants are persons with clean

          antecedent and the informant alleges that accused persons

          including the appellants came and abused him by taking caste

          name on the pretext that water was falling from the tank. On

          objection, Vijay assaulted him by rod causing injury on head,

          thereafter Goldi and Aditya along with two unknown accused

          caught Vinod and Aditya assaulted Vinod by lathi causing injury

          on head.

                       5. The learned counsel appearing on behalf of the

          appellants submits that appellants have been falsely implicated

          in the instant case by the informant. It is next submitted that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that as far as allegation of abuse is alleged, the same is

          general and omnibus in nature i.e. allegation of abusing is not

          specific. It is further submitted that on account of falling of

          water from the tank, an altercation took place in which both

          sides assaulted each other. It is further submitted that even the
Patna High Court CR. APP (SJ) No.4643 of 2024(9) dt.09-02-2026
                                             3/4




          injury suffered by the injured has been opined to be simple in

          nature and the blow is not alleged to have been repeated. It is

          further submitted that the assault took place not on account of

          the fact that informant belongs to a particular caste but since

          water was falling from the tank which led to an altercation

          leading to the occurrence, as such, in heat of moment both sides

          assaulted each other.

                       6. The Investigating officer of the case who is present

          in the Court also does not dispute the said submission of the

          learned counsel appearing on behalf of the appellants that the

          injury suffered by the injured has been opined to be simple.

                       7. The learned Special P. P. and the learned counsel

          for the informant oppose the appeal, but then, are not in a

          position to rebut the submission of the learned counsel

          appearing on behalf of the appellants that allegation of abuse is

          not specific rather is general and omnibus in nature and an

          altercation took place on account of falling of water leading to a

          dispute giving rise to the occurrence, as such, the occurrence

          was not committed on the ground that informant belongs to a

          particular caste.

                       8. Regard being had to the aforesaid submissions, the

          order dated 02.09.2024 is set-aside.
               Patna High Court CR. APP (SJ) No.4643 of 2024(9) dt.09-02-2026
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                                      9. The appeal stands allowed.

                                      10.         The appellants, above-named, in the event of

                         their arrest or surrender within a period of eight weeks, are

                         directed to be released on bail on their furnishing bail-bonds in

                         the sum of Rs.10,000/- (Rupees Ten Thousand) each with two

                         sureties of the like amount each to the satisfaction of learned

                         learned Special Judge, SC/ST, Patna in connection with ABP

                         No.3557 of 2024 arising out of Digha P. S. Case No.442 of

                         2024, subject to the conditions laid down under Section 482(2)

                         of the BNSS.

                                      11.         The personal appearance of the Investigating

                         Officer of the case is dispensed with.


                                                    (Satyavrat Verma, J)
vikash/-

U          T


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