Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellants.
Summary
The appellants, six residents of Hanuman Bigha village, were charged under several sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault, robbery and outraging modesty against informant Usha Devi. The informant claimed the accused, armed with weapons, attacked her house on 20 December 2023, used caste slurs, assaulted family members, stole a gold chain and outraged a daughter’s modesty. The appellants contended that the allegations were false, arising from a long-standing land dispute and a retaliatory case filed by the informant’s family, and that the charges were vague and lacked specific overt acts. The Special Public Prosecutor opposed anticipatory bail, while the appellants’ counsel argued that no specific offence under the SC/ST Act could be established. The Patna High Court, considering the general and omnibus nature of the accusations and the inter‑party dispute, set aside the lower court’s order rejecting anticipatory bail and granted bail to the appellants subject to a bond and sureties.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite charges under IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the allegations constitute a cognizable offence under the specific sections of the IPC and the SC/ST Act.
- Whether the case is a false or malicious prosecution arising from a land dispute.
Legislation cited
- Indian Penal Code — s. 308, 323, 341, 354B, 380
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- Scheduled Castes and Scheduled Tribes Act
- Indian Penal Code
- false allegations
- land dispute
- criminal procedure
- bail bond
- caste based violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4992 of 2024
Arising Out of PS. Case No.-15 Year-2024 Thana- SC/ST District- Nawada
======================================================
1. Neeraj Kumar Son of Prasidh Ram Resident of Village- Hanuman Bigha PS
-Kashichak District- Nawada
2. Suman Kumar son of Awadhesh Ram Village- Hanuman Bigha PS
-Kashichak District- Nawada
3. Jitendra Ram son of Later Lalchand Ram Resident of Village- Hanuman
Bigha PS -Kashichak District- Nawada
4. Prasidh Ram @ Prasidhi Ram son of late Parmeshwar Ram Resident of
Village- Hanuman Bigha PS -Kashichak District- Nawada
5. Awadhesh Ram son of Late Parmeshwar Ram Resident of Village- Hanuman
Bigha PS -Kashichak District- Nawada
6. Abhijeet Kumar @ Gautam son of Awadhesh Ram Resident of Village-
Hanuman Bigha PS -Kashichak District- Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Usha Devi wife of Shailendra Paswan Village- Hanuman Bigha PS
-Kashichak District- Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Madhuresh Singh, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 02-04-2026 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
Patna High Court CR. APP (SJ) No.4992 of 2024(4) dt.02-04-2026
2/4
dated 20.09.2024 passed in a case registered for the offence
punishable under Sections 341, 323, 380, 308 and 354B of the
Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of these
appellants has been rejected.
4. As per prosecution case, informant, namely Usha
Devi, alleged that on 20.12.2023 at about 6 PM, all the F.I.R.
named accused persons, including these appellants, armed with
weapons, came at her house and started abusing her by caste
based slurs and assaulted her. It is further alleged that when her
family members came to rescue, they were also abused by caste
name and assaulted. It is further alleged that the accused persons
also snatched gold chain from neck of daughter of informant
and outraged her modesty.
5. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. As a matter of fact, both parties are
co-villagers and due to long standing land dispute, one after
another false cases are being lodged by informant/Respondent
No. 2 against appellants and others. There is long chequered
history of criminal cases between the appellants and
Patna High Court CR. APP (SJ) No.4992 of 2024(4) dt.02-04-2026
3/4
informant/Respondent No. 2. Appellants have also registered
three criminal cases against informant/Respondent No. 2 and
her family members and the present case is counter-blast of
Complaint Case No. 1394(C) of 2023 which was registered by
daughter of Appellant No. 5, namely Awadhesh Ram, against
relative of informant/Respondent No. 2, namely Uttam Kumar,
who had made her obscene photo and videos viral on social
media and only with a view to save their skin from the aforesaid
case, this false and concocted case has been lodged. Allegation
of assault is general and omnibus and no specific accusation of
overt act has been alleged against these appellants. 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.
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 and case and
counter-case between the parties, this appeal is allowed and the
impugned order dated 20.09.2024 passed by the learned
Patna High Court CR. APP (SJ) No.4992 of 2024(4) dt.02-04-2026
4/4
Exclusive Special Judge, S.C./S.T. (POA) Act, Nawadah in
connection with A.B.P. No. 2408 of 2024 arising out of SC/ST
Nawadah P.S. Case No. 15 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 Exclusive Special Judge, S.C./S.T. (POA) Act, Nawadah
in connection with SC/ST Nawadah P.S. Case No. 15 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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