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Patna High Court

Dev Lal Uraon @ Dev LalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

In the absence of specific allegations of an overt act by the appellants and lacking any caste‑based charge, the general and omnibus accusations do not justify denial of bail, leading to the setting aside of the lower court’s order.

Summary

The appellants, Dev Lal Uraon and Tulsiya Devi, were charged with murder and offences under the Bihar Penal Code, the Prevention of Witch Craft Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for the alleged burning of the informant's family. They sought bail, arguing that the FIR contains only a vague, omnibus accusation with no specific allegation of an overt act by them and no reference to caste-based motive. The State opposed bail, contending the seriousness of the offences. The High Court observed that the accusations were general, the appellants had no criminal antecedents, had been in custody since September 2025, and co‑accused had already been granted bail. Consequently, the Court set aside the lower court’s order and granted bail to the appellants on a bond of Rs. 10,000 with two sureties each.

Issues considered

  • Whether the appellants can be granted bail despite the serious nature of the charges.
  • Whether the allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are sufficient to deny bail.
  • Whether the general and omnibus nature of the FIR allegations precludes specific culpability of the appellants.

Legislation cited

Subjects

  • bail
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
  • Prevention of Witch Craft Act
  • general accusation
  • parity with co‑accused
  • clean antecedents
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4854 of 2025

                        Arising Out of PS. Case No.-169 Year-2025 Thana- Mufassil District- Purnia
                 ======================================================
           1.    Dev Lal Uraon @ Dev Lal Son of Sohrab Uraon R/o Tetgama, Ward no. 10,
                 P.S. - Muffasil, District - Purnea.
           2.    Tulsiya Devi Wife of Dev Lal Uraon R/o Village - Tetgama ward no. 10, P.S.
                 - Muffasil, Dist. - Purnea.

                                                                                     ... ... Appellant/s
                                                         Versus

           1.    The State of Bihar
           2.    Sonu Uraon Son of Late Sunny Uraon R/o Village - Tetgama ward no. 10,
                 P.S. - Muffasil, Dist. - Purnea.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellants       :        Mr. N. K. Agrawal, Sr. Advocate
                                                   Mr. Ram Prawesh Kumar, Advocate
                                                   Mr. Kumar Rajdeep, Advocate
                 For the State            :        Mr. Sadanand Paswan, APP
                 For the Informant        :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   30-04-2026                  Heard learned senior counsel appearing for the

                   appellants and learned Special Public Prosecutor appearing for

                   the respondent-State.

                                2. Despite filing Vakalatnama, no body appears on

                   behalf of the informant/Respondent No. 2.

                                3. This appeal has been filed for setting aside order

                   dated 15.11.2025 passed in a case registered for the offence

                   punishable under Sections 190, 191(2), 191(3), 118(1), 118(2),
Patna High Court CR. APP (SJ) No.4854 of 2025(3) dt.30-04-2026
                                             2/4




          126(2), 103(2) and 238 of the B.N.S., Sections 3 and 4 of the

          Prevention of Witch Craft Act and Section 3(2)(v) of the

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, whereby the prayer for grant of bail of these

          appellants has been rejected.

                       4. As per prosecution case, 23 named and 150 to 200

          unknown accused persons, armed with lathi, danda, iron rod,

          arms and ammunition, gathered and tied informant's mother,

          father, brother, sister-in-law and grand-mother with rope and

          abused them and assaulted them. Thereafter, accused persons

          dragged them beside the pond and fuel was sprinkled upon them

          and then set ablaze in the night causing their death.

                       5. It is submitted by learned senior counsel appearing

          on behalf of the appellants that appellants are quite innocent and

          have committed no offence. Allegation of assault is general and

          omnibus and no specific accusation of overt act has been alleged

          against these appellants. From bare perusal of the F.I.R. it is

          apparent that there is absolutely no allegation of abuse by caste

          name and as such, no case under the Scheduled Castes and

          Scheduled Tribes (Prevention of Atrocities) Act is made out

          against these appellants. It is further submitted that similarly
Patna High Court CR. APP (SJ) No.4854 of 2025(3) dt.30-04-2026
                                             3/4




          situated co-accused persons have already been granted bail by

          this Hon’ble Court vide orders dated 16.04.2026 passed in Cr.

          Appeal (SJ) Nos. 4813 of 2025 and 4832 of 2025. Appellant

          have got no criminal antecedents and they are in custody since

          03.09.2025. Moreover, charge-sheet has already been submitted.

                       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, claim based on

          parity, period of custody and clean antecedents of the appellants,

          this appeal is allowed and the impugned order dated 15.11.2025

          passed by the learned District and Additional Sessions Judge-I-

          cum-Special Judge, Scheduled Castes and Scheduled Tribes

          (Prevention of Atrocities) Act, Purnea in connection with

          Mufassil P.S. Case No. 169 of 2025 is hereby set aside with

          respect to these appellants only.

                       8. Accordingly, let the appellants, named above, be

          released 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 District and Additional Sessions Judge-I-

          cum-Special Judge, Scheduled Castes and Scheduled Tribes
             Patna High Court CR. APP (SJ) No.4854 of 2025(3) dt.30-04-2026
                                                          4/4




                       (Prevention of Atrocities) Act, Purnea in connection with

                       Mufassil P.S. Case No. 169 of 2025.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


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