Patna High Court
Sukhal Sah @ Balendra SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the trial court’s refusal of bail and granted bail to the appellant.
Summary
The appellant, Sukhal Sah, was charged under several provisions of the Bihar National Security Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting an informant with a sword. The Special Judge had refused bail, prompting the appellant to file an appeal under Section 14‑A(2) of the SC/ST Act. The appellant argued that he had a clean record, the injury was minor, and he would not abscond. The State and the informant opposed the bail. The Patna High Court set aside the trial court’s order, directed the appellant’s release on bail with a bond of Rs. 10,000 and two sureties, and allowed the appeal.
Issues considered
- Whether the refusal of bail by the Special Judge was justified under Section 14‑A(2) of the SC/ST Act.
- Whether the nature of the alleged assault and the appellant’s antecedents warrant the grant of regular bail.
Legislation cited
- Bihar National Security Act, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351, 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i), 3(r), 3(s)
Subjects
- bail
- SC/ST Act
- Section 14-A
- criminal appeal
- assault
- scheduled caste
- scheduled tribe
- privilege of regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4801 of 2025
Arising Out of PS. Case No.-132 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Sukhal Sah @ Balendra Sah Son of Pardeshi Sah R/o Village - Pakari Tola,
Sumera, P.S.- Kesariya, District - East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Rohit Kumar Baitha Son of Munni Lal Baitha R/o Village - Gram Kanshpur,
P.S.- Kesariya, District - East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sheo Jee Mishra, Adv.
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 17-04-2026 1. Heard learned counsel for the appellant, learned
Spl. P.P. for the State, Mr. Binay Krishna and the learned
counsel appearing on behalf of the informant.
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 bail vide order dated
14.10.2025 passed by the learned Special Judge S.C./S.T. (POA)
Act, East Champaran, Motihari in connection with Kesariya P.S.
Case No. 132/2025 registered for the offences punishable under
Sections 115(2), 126(2), 118(2), 109, 351, 352, and 3(5) of the
BNS, 2023 read with Sections 3(i), (r)(s) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.4801 of 2025(3) dt.17-04-2026
2/3
3. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and is in custody
since 10.09.2025. It is next submitted that no doubt appellant is
alleged to have assaulted the informant by sword causing injury
on neck but then it is submitted that informant was teaching his
child in the morning and thereafter he shifted his timing of
teaching in the evening and when appellant came to know that
informant was in an illicit relationship with his wife as such the
occurrence took place. It is further submitted that even the
assault is not alleged to be repeated and the injury suffered by
the informant has been opined to be simple in nature. It is next
submitted that if privilege of regular bail is gratned to the
appellant, the appellant will not abscond rather will cooperate in
the trial to prove his innocence.
4. Learned Spl. P.P. for the State and the learned
counsel appearing on behalf of the informant opposes the
appeal.
5. In view of the submissions made by the learned
counsel for the appellant, the order impugned is hereby set aside
and the appellant abovenamed, is directed to be released on bail
on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. APP (SJ) No.4801 of 2025(3) dt.17-04-2026
3/3
the learned Trial Court where the case is pending/successor
court in connection with Kesariya P.S. Case No. 132/2025.
6. Accordingly the appeal stands allowed.
(Satyavrat Verma, J)
amit/-
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