Patna High Court
Mina DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order denying bail is set aside, granting bail to the appellants.
Summary
The appellants, Mina Devi and Bittu Uraon, appealed against the lower court's order denying them bail in a case involving alleged atrocities under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Prevention of Witch Craft Act, and several sections of the B.N.S. The prosecution alleged a mass assault and arson that resulted in deaths, but the appellants argued that the FIR contained only vague, omnibus accusations with no specific overt act attributed to them and no reference to caste-based motive. The court noted the appellants' clean criminal record, the lengthy pre‑trial custody, and the fact that similarly situated co‑accused had been granted bail. Relying on the principle of parity and the lack of specific charges, the High Court set aside the lower court's order and granted bail to the appellants upon furnishing a bail bond. The decision underscores that vague allegations cannot justify denial of bail, especially when the accused have no prior record.
Issues considered
- Whether the allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are sufficient to deny bail
- Whether a general and omnibus accusation can justify refusal of bail
- Whether parity with co‑accused who have been granted bail mandates granting bail to the appellants
- Whether the appellants' clean antecedents and period of custody affect the bail decision
Legislation cited
- B.N.S. — s. 103(2), 118(1), 118(2), 126(2), 190, 191(2), 191(3), 238, 61(2)
- Prevention of Witch Craft Act — s. 3, 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- Prevention of Witch Craft Act
- general and omnibus accusation
- parity
- clean antecedents
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4918 of 2025
Arising Out of PS. Case No.-169 Year-2025 Thana- Mufassil District- Purnia
======================================================
1. Mina Devi Wife of Sri Harendra Uraon Resident of Village- Tetgama ward
no 10 P.S -Muffasil, Dist- Purnea
2. Bittu Uraon @ Bittu @ Bittu Kumar son of Sri Harendra Uraon Resident of
Village- Tetgama ward no 10 P.S -Muffasil, Dist- Purnea
... ... Appellant/s
Versus
1. The State of Bihar
2. Sonu Uraon son of Late Sanny Uraon Resident of Village- Tetgama ward no
10 P.S -Muffasil, Dist- Purnea
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. N. K. Agrawal, Sr. Advocate
Mr. Amit Kumar Anand, 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
4 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),
126(2), 103(2), 238 and 61(2) of the B.N.S., Sections 3 and 4 of
Patna High Court CR. APP (SJ) No.4918 of 2025(4) dt.30-04-2026
2/4
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
situated co-accused persons have already been granted bail by
Patna High Court CR. APP (SJ) No.4918 of 2025(4) dt.30-04-2026
3/4
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 Appellant No. 1 is in
custody since 03.09.2025 and Appellant No. 2 is in custody
since 19.07.2025. 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.4918 of 2025(4) 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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