Patna High Court
Dhan Sunder RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court refused anticipatory bail, directing the appellants to surrender before the trial court and have the case disposed of on the same day.
Summary
The appellants, members of the Rai family, were charged under the SC/ST (Prevention of Atrocities) Act and several IPC provisions for alleged caste‑based assault and abuse that allegedly occurred on 20‑06‑2012. A charge‑sheet was filed in 2013, cognizance was taken, and a non‑bailable warrant was issued in May 2024. The appellants sought anticipatory bail under Section 14‑A(2) of the SC/ST Act, arguing that the allegations were vague, general and omnibus, and that they had not been declared absconders. The State argued that cognizance and the warrant made anticipatory bail inappropriate. The High Court, noting the existence of cognizance and a non‑bailable warrant, declined anticipatory bail and ordered the appellants to surrender before the trial court on 09‑04‑2026, directing that the trial court dispose of the matter on the same day. The appeal was consequently disposed of.
Issues considered
- Whether anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act can be granted when cognizance has been taken and a non‑bailable warrant of arrest has been issued.
- Whether the allegations, being general and omnibus, affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41A
- Indian Penal Code — s. 323, 34, 341, 354, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- non‑bailable warrant
- cognizance
- general and omnibus allegation
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5306 of 2024
Arising Out of PS. Case No.-27 Year-2012 Thana- SC/ST District- East Champaran
======================================================
1. Dhan Sunder Rai S/o Teja Rai R/o vill - Loknathpur, P.s.- Muffasil, Distt.-
East Champaran
2. Nand Kishor Rai S/o Teja Rai R/o vill - Loknathpur, P.s.- Muffasil, Distt.-
East Champaran
3. Sunaina Devi W/o Teja Rai R/o vill - Loknathpur, P.s.- Muffasil, Distt.- East
Champaran
4. Girija Nand Rai @ Gidjanand Say S/o Late Lakhan Rai R/o vill -
Loknathpur, P.s.- Muffasil, Distt.- East Champaran
5. Dhurendra Rai S/o Late Lakhan Rai R/o vill - Loknathpur, P.s.- Muffasil,
Distt.- East Champaran
6. Rajesh Rai S/o Late Lakhan Rai R/o vill - Loknathpur, P.s.- Muffasil, Distt.-
East Champaran
7. Musmat Sonapati @ Sonamati Devi W/o Late Lakhan Rai R/o vill -
Loknathpur, P.s.- Muffasil, Distt.- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Champa Devi W/o Ram Sunder Ram R/o vill - Loknathpur, P.S.- Muffasil,
Distt.- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Kundan Rathore@ Kundan Kumar
For the Respondent/s : Mr.Binay Krishna, Spl. PP
Mr. Jitendra Kumar Giri, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 31-03-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State, Sri Binay Krishna and the learned counsel
appearing on behalf of the informant.
2. 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
Patna High Court CR. APP (SJ) No.5306 of 2024(6) dt.31-03-2026
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Act”) against the refusal of prayer for anticipatory bail vide
order dated 17-10-2024 in A.B.P. No. 4613 of 2024 passed by
the learned Special Judge S.C./S.T. (POA) Act, East
Champaran, Motihari SC/ST P.S. Case No. 27 of 2012
registered for the offences punishable under Sections 341, 323,
354, 504 and 34 of the Indian Penal Code as well as Sections
3(i)(x)(xi)(v) of the SC/ST Act.
3. Learned counsel for the appellants submits that
appellant nos. 1, 3 and 4 have antecedent of one case and
appellant nos. 2, 5, 6, 7 are persons with clean antecedent and
appellant nos. 3 and 7 are women and the informant alleges that
on 20-6-2012 at 2 PM, the accused persons including the
appellants came on her land and abused the informant by taking
her caste name and even assaulted and when her daughter came
to save her, all the accused persons assaulted her and spat on her
body and abused by taking caste name. It is next alleged that the
proceeding under Section 144 Cr.P.C is going with respect to the
land in dispute.
4. Learned counsel for the appellants submits no
doubt the case is of the year 2012, but then from perusal of the
allegation as alleged in the FIR, it would manifest that
allegation of assault and abuse is general and omnibus in nature.
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It is next submitted that it does not appear probable that all the
accused in one go would have abused the informant and her
daughter by taking caste name and as far as allegation of assault
is alleged, the same is also not specific. It is further submitted
that police during the course of investigation had given benefit
of Section 41A of the Cr.P.C, but then in a mechanical manner,
charge-sheet came to be submitted in the year 2013 based on
which cognizance was also taken in the year 2013, but then
appellants were not aware that charge-sheet has been submitted
as they never received any summons after cognizance was
taken. It is also submitted that when police during the course of
investigation never felt the need of arresting the appellants,
whether it would be prudent for the court to send the appellants
to jail, on which the learned Spl. P.P. submits that appellants
since 2013 are not appearing before the court, on which the
learned counsel appearing on behalf of the appellants submits
that appellants till date have not been declared absconder, which
amply demonstrates that the case also remained pending in the
learned trial court after cognizance and recently when the police
came knocking the door, the appellants came to know that
charge-sheet has been submitted, cognizance came to be taken
and non-bailable warrant of arrest has been issued. Learned
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counsel for the appellants further submits that the entire family
members including women members of the family have been
implicated with general and omnibus allegation.
5. Learned counsel for the informant submits that
since cognizance has been taken and non-bailable warrant of
arrest has been issued as such it is not a fit case for grant of
anticipatory bail, but then is not in a position to rebut the
submission of the learned counsel appearing on behalf of the
appellants that allegation of assault and abuse is general and
omnibus in nature and on account of dispute relating to land, the
occurrence is alleged to have taken place.
6. After hearing the learned counsel for the parties,
the Court was inclined to release the appellants on anticipatory
bail but for the order of cognizance and non-bailable warrant of
arrest which has been issued in May 2024, as such the
appellants are directed to surrender before the learned trial court
on 9-4-2026 and in the event if the appellants surrender before
the learned trial court on 9-4-2026, in that event, the learned
trial court shall consider and dispose of the case on the same
day.
7. The order has been passed in presence of learned
counsel appearing on behalf of the informant.
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8. Accordingly, the appeal is disposed of.
(Satyavrat Verma, J)
Sumit/-
U T
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