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Patna High Court

Bhola SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that the allegations do not fall within the purview of the SC/ST Act and therefore granted anticipatory bail, setting aside the lower court’s order.

Summary

The appellants, Bhola Sahni, Sanja Devi, Videshi Sahni and Sima Devi, were charged under several sections of the Bihar Narcotic Substances Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged garbage‑throwing, liquor‑selling, assault and caste‑based abuse reported by Meena Devi. They applied for anticipatory bail under Section 14A(2) of the SC/ST Act, which was rejected by the Exclusive Special Judge. On appeal, the Patna High Court observed that the allegations were vague, no injury report was produced, and the conduct did not fall within the ambit of the SC/ST Act; the appellants also had a clean antecedent. Consequently, the Court granted anticipatory bail subject to conditions under Sections 438(2) and 482(2) of the Cr.P.C. and set aside the lower court’s order. The appeal was allowed.

Issues considered

  • Whether the alleged offences attract the rigour of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for the purpose of denying anticipatory bail.
  • Whether anticipatory bail can be granted under Section 14A(2) of the SC/ST Act despite the seriousness of the allegations.
  • Whether the lower court erred in rejecting the appellants' application for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Bihar Narcotic Substances Act
  • caste based offence
  • clean antecedent
  • land dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5357 of 2024
                   Arising Out of PS. Case No.-212 Year-2024 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Bhola Sahni Son of Laxman Sahni Village- Asoi Lachchiram, P.S-
                  Bhagwanpur, District -Vaishali
           2.    Sanja Devi @ Sandhaya Devi @ Sandhya Devi Wife of Bhola Sahni
                 Village- Asoi Lachchiram, P.S- Bhagwanpur, District -Vaishali
           3.    Videshi Sahni Son of Laxman Sahani Village- Asoi Lachchiram, P.S-
                 Bhagwanpur, District -Vaishali
           4.    Sima Devi @ Siya Devi Wife of Videshi Sahni Village- Asoi Lachchiram,
                 P.S- Bhagwanpur, District -Vaishali
                                                                       ... ... Appellants
                                                    Versus
           1.    The State of Bihar
           2.    Meena Devi Wife of Vishwanath Ram Village- Asoi Lachchiram, P.S-
                 Bhagwanpur, District -Vaishali

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellants      :       Mr. Awadhesh Kumar Singh, Advocate
                 For the Respondent-State:       Mr. Sadanand Paswan, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

5   12-02-2026                   Heard learned counsel for the appellants and learned

                   Special Public Prosecutor appearing for the State. There is no

                   representation      on    behalf      of    respondent       No.2,     though

                   vakalatnama has been filed on her behalf.

                                  2. This appeal under Section 14A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   30.09.2024 passed by learned Exclusive Special Judge, SC/ST

                   Act-cum-Additional District and Sessions Judge, Vaishali at

                   Hajipur, in A.B.P. No. 2395 of 2024 in connection with
Patna High Court CR. APP (SJ) No.5357 of 2024(5) dt.12-02-2026
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          Bhagwanpur P.S. Case No. 212 of 2024, registered under

          Sections 126(2), 115, 118(1), 352, 351(2), 3(5) of the BNS Act

          read with Section 3(1)(r)(s), 3(2)(va) of Scheduled Castes and

          Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby

          the prayer for grant of anticipatory bail of the appellants has

          been rejected.

                          3. As per the prosecution case, the informant,

          namely, Meena Devi, alleged that the appellants used to throw

          garbage in the field, which she had taken on batai, they sell

          liquor and used to abuse her, on protest, she was abused by

          taking her caste name and they also assaulted her by lathi

          causing injury on her head. They are musclemen and used to

          threat her that she will be eliminated.

                          4. Learned counsel appearing for the appellants

          submits that the appellants, who are of clean antecedent, are

          innocent and have not committed any offence. He further

          submits that it appears from the F.I.R. itself that no specific date

          has been give and only general and omnibus allegation has been

          levelled against the accused persons including these appellants.

          Although there is allegation of assault in the F.I.R. against the

          appellants, but no injury report is available on record to

          substantiate the said allegation. Learned counsel for the
Patna High Court CR. APP (SJ) No.5357 of 2024(5) dt.12-02-2026
                                             3/4




          appellants submits that due to land dispute this false case has

          been lodged against the appellants. As regards allegation of

          abuse by taking caste name attracting the rigours of SC & ST

          Act is concerned, it is not committed in a public place nor any

          person has been named to be present at the place of occurrence

          when the alleged offence of abuse was being committed. He

          further submits that no case, as alleged in the F.I.R, attracting

          rigours of SC & ST Act is made out against the appellants.

          Hence, the impugned order may be set aside and the appellants

          may be granted the privilege of anticipatory bail.

                          5.    Learned        Special      Public   Prosecutor   has

          vehemently opposed the prayer for grant of anticipatory bail to

          the appellants and submit that there is a complete embargo

          under Section 18 of SC/ST Act, so as to not to entertain the

          anticipatory bail application. The appellants are musclemen and

          they create disturbance in the society.

                          6. Considering the entire facts and circumstances of

          the case and also the fact that the appellants bear clean

          antecedent coupled with the fact that the allegation does not

          come under the purview of SC/ST Act, let the above named

          appellants, in the event of their arrest/surrender within a period

          of six weeks, be released on bail on furnishing bail bond of Rs.
          Patna High Court CR. APP (SJ) No.5357 of 2024(5) dt.12-02-2026
                                                       4/4




                    10,000/- (Ten thousand) each with two sureties of the like

                    amount each to the satisfaction of the learned Exclusive Special

                    Judge, SC/ST Act-cum-Additional District and Sessions Judge,

                    Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case

                    No. 212 of 2024 subject to the conditions laid down under

                    Section 482(2) of the B.N.S.S/Section 438(2) of the Cr.P.C..

                                 7. Accordingly, this appeal is allowed and the

                    impugned order dated 30.09.2024 rejecting the prayer for grant

                    of anticipatory bail to the appellants is set aside.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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