Patna High Court
Bablu ThakurversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the trial court’s refusal and granted anticipatory bail to the appellant subject to prescribed conditions.
Summary
The appellant, Bablu Thakur, was named in an FIR for multiple offences under the Bihar National Security Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He applied for anticipatory bail, which was denied by the Special Judge, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The High Court condoned an 89‑day delay in filing the appeal and held that the FIR, filed by the officer‑in‑charge, did not require a separate notice. It observed that the allegations against the appellant were vague and omnibus, with the substantive thrust of the case directed at other accused. Consequently, the court set aside the trial court’s order and granted anticipatory bail subject to a bail bond of Rs.5,000 and two sureties, under the conditions of Section 482(2) of the BNSS. The appeal was allowed.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite the FIR’s allegations under the SC/ST Act and BNS Act.
- Whether the delay of 89 days in filing the appeal can be condoned.
- Whether a notice is required when the FIR is instituted by the officer‑in‑charge.
- Whether the general and omnibus nature of the allegations justifies granting bail under Section 482(2) of the BNSS.
Legislation cited
- Bihar National Security Act, 2023 — s. 109, 115(2), 118(1), 126(2), 132, 190, 191(2), 191(3), 351(2), 351(3), 352
- Bihar National Security Act (BNSS) — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- FIR
- delay condonation
- general allegations
- Section 14-A
- Section 482
- Bihar National Security Act
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5094 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Bablu Thakur S/o Ramshresth Thakur R/o Village - Jagai Majhauli, P.S -
Bochaha, District - Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Ranjay Kumar Paswan, A.S.I Bochaha, P.S - Bochaha, District -
Muzaffarpur, Pin - 843103 Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shiva Shankar Sharma
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-05-2026 1. Heard learned counsel for the appellant and
learned Special P.P. for the State, Mr. Sadanand Paswan.
2. In view of the ground taken in I.A. No. 01 of
2026, the delay of 89 days in filing the appeal is hereby
condoned.
3. The learned counsel for the appellant next
submits that the FIR has been instituted by Officer-in-charge,
hence, notice is not required, as the informant is represented by
Patna High Court CR. APP (SJ) No.5094 of 2025(3) dt.06-05-2026
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the learned Special PP for the State.
4. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 18.06.2025 in A.B.P. No. 1266 of 2025 passed by
the learned Special Judge S.C./S.T. (POA) Act, Muzaffarpur in
connection with Bochaha P.S. Case No. 86 of 2025 registered
for the offences punishable under Sections 191(2), 191(3), 190,
126(2), 115(2), 118(1), 132, 109, 352, 351(2) and 351(3) of the
BNS, 2023 as well as Sections 3(1)(r) and 3(1) (s) of the SC/ST
Act.
5. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and the informant
alleges that on 07.04.2025 at 10:10 PM, he received an
information that a fight has ensued in between two groups,
accordingly, he reached the place of occurrence with police
force and Chowkidar and tried to pacify the dispute, when
Ranju Devi abused and slapped him, while Ayush abused by
taking caste name and assaulted constable Arvind by rod
causing injury on head, thereafter, Harsh called his neighbours
who came abusing and assaulted by brick, lathi, danda and
Patna High Court CR. APP (SJ) No.5094 of 2025(3) dt.06-05-2026
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injured were taken to the hospital, further Chowkidar disclosed
the name of eight accused persons who had come on call of
Harsh including the appellant.
6. Learned counsel for the appellant submits that
from perusal of the allegation as alleged in the FIR, it would
manifest that thrust of allegation is against Ranju Devi, Ayush
and Harsh. It is further submitted that allegation against the
appellant is general and omnibus in nature. It is also submitted
that the informant does not allege that persons who came on call
of Harsh were abusing by taking caste name. It is reiterated and
submitted that allegation of assault is not specific.
7. Learned Special P.P. for the State opposes the
appeal.
8. In view of the submissions made by the learned
counsel for the appellant, the order dated 18.06.2025 in A.B.P.
No. 1266 of 2025 passed by the learned Special Judge S.C./S.T.
(POA) Act, Muzaffarpur in connection with Bochaha P.S. Case
No. 86 of 2025, is hereby set aside and the appellant above-
named, in the event of his arrest or surrender within a period of
six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
with two sureties of the like amount each to the satisfaction of
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the learned Trial Court where the case is pending/successor
court in connection with Bochaha P.S. Case No. 86 of 2025
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
9. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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