Patna High Court
Dev Lal Uraon @ Dev LalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
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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
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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
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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
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(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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