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Patna High Court

Saheb Alam @ Saheb HussainversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal was disposed with a direction for the appellants to surrender before the trial court on 30‑April‑2026, where the trial court shall dispose of the case on the same day.

Summary

The appellants, five brothers from Gopalganj, were charged under several sections of the Bihar Non‑Serious (BNS) Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting an informant and others, using caste slurs and causing injuries. A charge sheet was filed on 18‑Oct‑2024 and cognizance was taken, but the police had never deemed arrest necessary and the accused cooperated with the investigation. The appellants sought anticipatory bail under Section 14‑A(2) of the SC/ST Act, which was refused by the Special Judge. They argued that the allegations against most of them were general and that arrest would be unwarranted. The Patna High Court, after hearing both sides, found merit in the appellants' submissions and disposed of the appeal, directing the appellants to surrender before the trial court on 30‑Apr‑2026, where the trial court was to dispose of the case on the same day.

Issues considered

  • Whether anticipatory bail under Section 14‑A(2) of the SC/ST Act should be granted when cognizance has been taken but the police did not consider arrest necessary.
  • Whether the provisions of Section 18 of the SC/ST Act apply in the present case.
  • Whether the court can order surrender and immediate disposal of the case despite the filing of a charge sheet.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cognizance
  • charge sheet
  • assault
  • caste abuse
  • surrender order
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4829 of 2024
                      Arising Out of PS. Case No.-111 Year-2024 Thana- SRIPUR District- Gopalganj
                 ======================================================
           1.     Saheb Alam @ Saheb Hussain Son of Md. Alam Resident of village-
                  Sawanahi Jagdisn, P.S.- Gopalpur, District- Gopalganj
           2.    Sonu Alam Son of Md. Alam Resident of village- Sawanahi Jagdisn, P.S.-
                 Gopalpur, District- Gopalganj
           3.    Md. Alam Son of Izamail Mian Resident of village- Sawanahi Jagdisn, P.S.-
                 Gopalpur, District- Gopalganj
           4.    Alafaj Alam Son of Md. Jigar Resident of village- Sawanahi Jagdisn, P.S.-
                 Gopalpur, District- Gopalganj
           5.    Monu Alam @ Mannu Alam Son of Md. Alam Resident of village-
                 Sawanahi Jagdisn, P.S.- Gopalpur, District- Gopalganj

                                                                                   ... ... Appellant/s
                                                       Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Dharmveer, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   21-04-2026                    1. Heard learned counsel for the appellants and

                   learned Spl. P.P. for the State, Mr. 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 25.07.2024 in A.B.P. No. 1625 of 2024 passed by

                   the learned Exclusive Special Judge-XI S.C./S.T. (POA) Act,

                   Gopalganj in connection with Shripur P.S. Case No. 111 of 2024
Patna High Court CR. APP (SJ) No.4829 of 2024(4) dt.21-04-2026
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          registered for the offences punishable under Sections 126(2),

          115, 118(1), 74, 352 and 351(2) of the BNS, 2023 as well as

          Sections 3(i)(r) (s) and 3(2)(va) of the SC/ST Act.

                          3. Learned counsel for the appellants submits that

          appellant nos. 1 and 3 are persons with clean antecedent and

          appellant nos. 2, 4 and 5 have antecedent of one case and the

          informant alleges that on 20.06.2024 her mother-in-law had

          given an application with regard to assault committed by Saheb

          and his brothers, further on 30.06.2024, the informant was

          sowing seeds on the land along with Mir Alam when appellants

          along with three unknown accused came variously armed and

          started assaulting her and abused by taking caste name, further

          Monu assaulted Amir by knife causing injury over his right eye

          and thereafter other accused persons trampled her in mud with

          an intent to kill, further Rohit received injury on his right hand

          and the informant on account of assault became unconscious.

                          4. At this stage, the learned Special PP submits that

          he has a copy of the case diary and from perusal of the same, it

          manifests that charge sheet has already been submitted against

          the appellants on 18.10.2024.

                          5. Learned counsel for the appellants submits that

          from perusal of the allegation as alleged in the FIR, it would
Patna High Court CR. APP (SJ) No.4829 of 2024(4) dt.21-04-2026
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          manifest that allegation of abuse is general and omnibus in

          nature and specific allegation of assaulting Mir Alam is against

          Monu and as far as other appellants are concerned, the

          allegation of assault against them is general and omnibus in

          nature. It is also submitted that appellants during the course of

          investigation were given notice under Section 35(3) of the

          BNSS and the appellants cooperated with the police in the

          investigation and the police never felt the need of arresting the

          appellants, but then charge sheet has been submitted based on

          which cognizance has been taken, hence, appellants apprehend

          their arrest. It is next submitted that when police during the

          course of investigation never felt the need of arresting the

          appellants whether it would be prudent for the Court to send the

          appellants to jail based on an order of cognizance.

                          6. The learned Special PP, at this stage, submits that

          since cognizance has been taken, hence a prima facie case is

          made out, hence rigors of Section 18 of SC/ST Act shall apply.

          7. After hearing the learned counsel for the parties, the Court

          found merit in the submissions of the learned counsel appearing

          on behalf of the appellants

                          7. Since cognizance has been taken, as such, the

          appeal is disposed of with a direction to the appellants to
            Patna High Court CR. APP (SJ) No.4829 of 2024(4) dt.21-04-2026
                                                         4/4




                      surrender before the learned Trial Court on 30.04.2026 and if

                      the appellants surrender before the learned Trial Court on

                      30.04.2026, the learned Trial Court shall dispose of the case on

                      the same day keeping in mind the fact that police during the

                      course of investigation never felt the need of arresting the

                      appellants      and     the    appellants       also   cooperated   in   the

                      investigation.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T


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