Patna High Court
Umesh SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed the appeal, set aside the order rejecting anticipatory bail, and directed that bail be granted to the appellants.
Summary
On 28 July 2024, the informant alleged that the appellants, Umesh Sahni and Hitler Kumar, along with others, approached her demanding a ransom of Rs.2,00,000, used caste slurs, assaulted her and her son, and stole jewellery and cash. The Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act rejected their anticipatory bail application. The appellants contended that the incident stemmed from a long‑standing land dispute, that the injuries were minor, and that no public member was present, thus no offence under the SC/ST Act was made out. The State opposed bail, relying on the charges under the Indian Penal Code and the SC/ST Act. The Patna High Court, considering the clean antecedents of the appellants and the nature of the injuries, set aside the order rejecting anticipatory bail and directed that bail be granted upon furnishing a bond. Consequently, the appeal was allowed and the appellants were ordered to be released on bail within eight weeks of the order.
Issues considered
- Whether the allegations constitute an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether anticipatory bail should be granted to the appellants in view of the facts and the nature of injuries.
- Whether the evidence presented by the prosecution is sufficient to sustain the denial of bail.
Legislation cited
- Indian Penal Code — s. 115(2), 118(1), 126(2), 190, 191(2), 303(2), 308(3), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(i), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- land dispute
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4934 of 2024
Arising Out of PS. Case No.-31 Year-2024 Thana- SC/ST District- Munger
======================================================
1. Umesh Sahni S/o Bideshi Sahni Resident Of Village- Bariyarpur, Ps-
Bariyapur, Distt.- Munger
2. Hitlar Kumar S/o Ranjit Sahni R/o vill - Chandan Nagar, P.S. - Khagaria,
Distt.- Khagaria, Presently residing at Vill - Bariyarpur, P.S. - Bariyarpur,
Distt.- Munger
... ... Appellant/s
Versus
1. The State of Bihar
2. Sunita Devi W/o Ashok Paswan R/o vill - Bariyarpu, P.S. - Bariyarpur,
Distt.- Munger
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Shivjee Singh, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 16-04-2026 Heard learned counsel appearing for the appellants
and learned Special Public Prosecutor appearing for the
respondent-State.
2. Despite valid service of notice, no body appears on
behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 01.10.2024 passed in a case registered for the offence
punishable under Sections 191(2), 190, 115(2), 118(1), 126(2),
74, 303(2), 308(3), 351(2) and 352 of the B.N.S. and Sections
3(1)(i), 3(1)(w), 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled
Patna High Court CR. APP (SJ) No.4934 of 2024(5) dt.16-04-2026
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Castes and Scheduled Tribes (Prevention of Atrocities) Act,
whereby the prayer for anticipatory bail of these appellants has
been rejected.
4. The prosecution case, in brief, is that on
28.07.2024 at about 8 PM, when informant was returning from
Bariyarpur, in the meantime, all the F.I.R. named accused
persons, including these appellants, carrying arms, came to the
informant, demanded ransom of Rs. 2,00,000/- and also abused
her with caste based slurs. It is further alleged that upon protest,
all the F.I.R. named accused persons, including these appellants,
assaulted informant and her son and also snatched gold ring and
cash from her. It is specifically alleged that Appellant No. 1,
namely Umesh Sahni, assaulted on the cheek of son of
informant with butt of pistol and Appellant No. 2, namely Hitler
Sahni, assaulted informant with danda.
5. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. On account of long standing land
dispute between the parties, a simple maar-peet took place in
which both sides sustained injuries. There is case and counter-
case. Doctor has found the injuries, allegedly caused by these
appellants, simple in nature. Rest of the allegations are
Patna High Court CR. APP (SJ) No.4934 of 2024(5) dt.16-04-2026
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ornamental in order to make the case grave. It is further
submitted that it is not the case of the prosecution that any
member of public was present at the place of occurrence and as
such, no case under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act is made out against these
appellants. Appellants claim clean antecedents.
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, nature of injuries allegedly caused by these appellants,
case and counter-case and clean antecedents of the appellants,
this appeal is allowed and the impugned order dated 01.10.2024
passed by the learned Special Judge (S.C./S.T. Act)-cum-
Additional Sessions Judge-I, Munger in connection with A.B.P.
No. 1409 of 2024 arising out of Munger SC/ST P.S. Case No. 31
of 2024 is hereby set aside with respect to these appellants only.
8. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged 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 Special Judge (S.C./S.T. Act)-cum-Additional Sessions
Patna High Court CR. APP (SJ) No.4934 of 2024(5) dt.16-04-2026
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Judge-I, Munger in connection with Munger SC/ST P.S. Case
No. 31 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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