Patna High Court
Bhola SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
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
- Bihar Narcotic Substances Act — s. 115, 118(1), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 18, 3(1)(r)(s), 3(2)(va)
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
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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
2/4
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
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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
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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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