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Patna High Court

SAURABH KUMAR SURYA @ SAURABH KUMAR @SAURABH RAIversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court granted anticipatory bail to the appellants and set aside the Special Judge’s order refusing bail.

Summary

The appellants, four residents of Tahal Tola, were charged under multiple IPC sections, the Arms Act and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant and his family with weapons and caste-based abuse. They applied for anticipatory bail, which was rejected by the Exclusive Special Judge, SC/ST, Saran. On appeal, the appellants contended that the allegations were vague, the injuries were minor, and the case was fabricated as retaliation for a dispute over illicit liquor sales. The State opposed the bail, insisting the offences were cognizable and serious. The Patna High Court, after considering the lack of specific overt acts and the nature of injuries, granted anticipatory bail to the appellants, directing them to surrender within eight weeks and set aside the lower court’s order.

Issues considered

  • The adequacy of the allegations to sustain a charge under the SC/ST (Prevention of Atrocities) Act.
  • Whether the appellants are entitled to anticipatory bail despite the serious nature of the offences alleged.
  • Whether the prosecution has established specific overt acts linking the appellants to the assault.
  • Whether the injuries sustained justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • IPC offences
  • Arms Act
  • caste violence
  • criminal appeal
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5243 of 2023
                       Arising Out of PS. Case No.-197 Year-2023 Thana- GARKHA District- Saran
                 ======================================================
           1.     Saurabh Kumar Surya @ Saurabh Kumar @Saurabh Rai S/O Sunil Kumar
                  @ Bhanu Rai R/O Village- Tahal Tola, P.S- Garkha, Distt.- Saran.
           2.    Vikash Kumar @ Vikas Kumar @ Vikas Rai S/O Sunil Kumar @ Bhanu Rai
                 R/O Village- Tahal Tola, P.S- Garkha, Distt.- Saran.
           3.    Pramod Kumar @ Pramod Rai S/O Chhapit Rai @ Ram Chhapit Rai R/O
                 Village- Tahal Tola, P.S- Garkha, Distt.- Saran.
           4.    Sandeep Kumar @ Sandeep Rai S/O Shivnath Rai @ Krishna Rai R/O
                 Village- Tahal Tola, P.S- Garkha, Distt.- Saran.

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Uma Shankar Manjhi Haribadan Manjhi R/V- Barbakpur, P.O.- Pirauna,
                 P.S.- Garkha, District- Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Harsh Singh, Advocate
                 For the Respondent/s   :        Ms. Usha Kumari 1, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   12-03-2026                  Despite filing Vakalatnama, none appears on behalf

                   of the respondent no. 2.

                               2. Heard learned counsel for the appellants and the

                   State.

                               3. This appeal has been filed against the order dated

                   04.10.2023 passed by learned Exclusive Special Judge, SC/ST,

                   Saran in ABP No. 3665 of 2023 arising out of Garkha P.S. Case

                   No. 197 of 2023 registered under Sections 147, 148, 149, 323,

                   324, 380, 448, 504, 506 of the Indian Penal Code, Section 27 of
Patna High Court CR. APP (SJ) No.5243 of 2023(4) dt.12-03-2026
                                             2/3




          the Arms Act and Sections 3(1)(r)(s)(w) of Scheduled Castes

          and Scheduled Tribes (Prevention of Atrocities) Act, whereby

          the prayer for anticipatory bail of appellants has been rejected.

                       4. As per prosecution case, 12 named and 15 unknown

          persons armed with rod, sword, farsa and pistol, came at the

          house of informant, assaulted him and other family members

          and abused them by caste name.

                       5. Learned counsel for the appellants submits that

          appellants are innocent and have committed no offence. As a

          matter of fact, informant, his brothers and others were indulged

          in selling illicit liquor on the land of the appellants’ side and on

          protest, the informant’s side assaulted appellants and others and

          also took away Rs. 5,000/- for which Garkha Police Station

          Case No. 196/2023 was registered against the informant and

          others and in order to create defence, informant lodged this false

          case. Allegation of assault is general and omnibus and there is

          no allegation of any specific overt act against these appellants.

          Moreover, injuries sustained by the injured are simple in nature.

          It is not the case of the informant that any member of public was

          present at the time of the incident, as such, no case under SC/ST

          Act is made out. Similarly situated co-accused persons have

          been granted anticipatory bail by this Court, vide order dated
              Patna High Court CR. APP (SJ) No.5243 of 2023(4) dt.12-03-2026
                                                           3/3




                        18.07.2024 passed in Cr. Appeal (SJ) No. 5240/2023.

                                     6. Learned Spl. Public Prosecutor for the State

                        vehemently opposed the bail application.

                                     7. Considering the aforesaid facts, let the appellants,

                        as named above, in the event of their arrest/surrender within a

                        period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with

                        two sureties of the like amount each to the satisfaction of

                        learned Exclusive Special Judge, SC/ST, Saran in ABP No.

                        3665 of 2023 arising out of Garkha P.S. Case No. 197 of 2023.

                                     8. Accordingly, this criminal appeal is allowed and

                        impugned order dated 04.10.2023 is set aside with respect to

                        these appellants only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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