Patna High Court
Goldi @ Shaurya Raj @ ShauryaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S. — s. 109, 115(2), 117, 126, 3(5), 351(2), 351(4), 352, 482(2)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(2)(v)
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
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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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