Patna High Court
UDAY CHANDRA JHA @ UDAY JHA AND OTHERSversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that vague, omnibus allegations and the private nature of the incident preclude the application of the SC/ST Act and warrant the grant of anticipatory bail, setting aside the lower court’s denial.
Summary
On 1 June 2021, the appellants were alleged to have assaulted the informant and her husband and used caste-based slurs, with additional allegations of misbehaviour towards a woman, leading to charges under several IPC sections and the SC/ST (Prevention of Atrocities) Act. The appellants contended that the dispute was a minor altercation between families residing in the same building, that the accusations were vague and omnibus, and that the incident occurred in a private residence, rendering the SC/ST provisions inapplicable. They applied for anticipatory bail, which was denied by the 1st Additional Sessions Judge. On appeal, the Patna High Court examined the nature of the allegations, the private setting of the incident, and the clean antecedents of the appellants. Finding the accusations insufficiently specific and noting that the SC/ST Act does not apply to private dwellings, the Court set aside the lower court’s order and granted bail on a bond of Rs.10,000 with two sureties. The appellants were directed to surrender within eight weeks of receiving the order to obtain bail.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite the charges under the IPC and SC/ST Act.
- Whether the alleged offences under the SC/ST (Prevention of Atrocities) Act are cognizable when the incident occurred in a private residence.
- Whether the allegations made are sufficiently specific to sustain a denial of bail.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 379, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- caste discrimination
- private dwelling
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4737 of 2021
Arising Out of PS. Case No.-204 Year-2021 Thana- DUMRA District- Sitamarhi
======================================================
1. UDAY CHANDRA JHA @ UDAY JHA AND OTHERS Son of Late
Amarnath Jha Resident of Village - Kailashpuri, Balhapatti, Ward no.10,
P.s.- Dumra, Distt.- Sitamarhi.
2. CHANCHALA DEVI W/o Uday Chandra Jha @ Uday Jha Resident of
Village - Kailashpuri, Balhapatti, Ward no.10, P.s.- Dumra, Distt.- Sitamarhi.
3. ASHUTOSH KUMAR JHA @ BIKKU Son of Uday Chandra Jha @ Uday
Jha Resident of Village - Kailashpuri, Balhapatti, Ward no.10, P.s.- Dumra,
Distt.- Sitamarhi.
... ... Appellant/s
Versus
1. The State of Bihar
2. MINA KUMARI W/o Ram Ekbali Ram At Present Resident of Village -
Kailashpuri, Ward no.11, P.s.- Dumra, Distt.- Sitamarhi, Permananet
Resident of Village - Mahesh Faragpur, P.s.- Runnisaidpur, Dist.- Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Sunil Prasad Singh, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-04-2026 Heard learned counsel appearing for the appellants
and learned Special Public Prosecutor appearing for the
respondent-State.
2. Despite valid service of notice, no body appears on
behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 05.10.2021 passed in a case registered for the offence
punishable under Sections 341, 323, 427, 379, 504, 506 and 34
Patna High Court CR. APP (SJ) No.4737 of 2021(4) dt.16-04-2026
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of the Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(va) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of these
appellants has been rejected.
4. The prosecution story, in brief, is that on
01.06.2021 at around 9 AM, Appellant No. 1, namely Uday
Chandra Jha, assaulted son of informant and abused him by
caste based slurs. It is further alleged that upon objection, all the
F.I.R. named accused persons, including these appellants, along
with three unknown persons, assaulted informant and her
husband and abused them with caste based slurs. It is further
alleged that in course of assault, accused persons also
misbehaved with one Saraswati Kumari and disrobed her.
5. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. As a matter of fact, both parties are
residing in the same residential building and merely on account
of petty dispute between the children of the two families, a
simple altercation took place and taking advantage of the
situation, this false and concocted case has been lodged.
Allegation of assault and abuse by caste name is general and
omnibus and no specific accusation of overt act has been alleged
Patna High Court CR. APP (SJ) No.4737 of 2021(4) dt.16-04-2026
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against these appellants. Moreover, the alleged occurrence took
place at the residential house, which is not a public place and as
such, no case under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act is made out against these
appellants. Appellants claim clean antecedents.
6. Learned Spl. P.P. appearing for the respondent-State
has opposed the prayer for grant of bail to the appellants.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the appellants, this appeal is allowed and the
impugned order dated 05.10.2021 passed by the learned 1 st
Additional Sessions Judge-cum-Special Judge, S.C./S.T. (POA)
Act, Sitamarhi in connection with A.B.P. No. 1383 of 2021/122
of 2021 arising out of Dumra P.S. Case No. 204 of 2021 is
hereby set aside with respect to these appellants only.
8. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned 1st Additional Sessions Judge-cum-Special Judge,
S.C./S.T. (POA) Act, Sitamarhi in connection with Dumra P.S.
Patna High Court CR. APP (SJ) No.4737 of 2021(4) dt.16-04-2026
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Case No. 204 of 2021.
(Prabhat Kumar Singh, J)
shashank/-
U T
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