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Patna High Court

Sanjay SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order refusing anticipatory bail is set aside and anticipatory bail is granted subject to conditions.

Summary

The appellants, Sanjay Singh and Santosh Singh, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the BNS, 2023 for allegedly abusing and threatening an informant during a land dispute. The Special Judge had refused anticipatory bail, prompting the appellants to file an appeal under Section 14‑A(2) of the SC/ST Act. The appellants argued that the allegations were false, stemming from a pending civil suit over the same land, and that the alleged threats were merely ornamental. The State opposed the appeal but could not refute the claim of a pending civil suit. The High Court set aside the order refusing bail, granting anticipatory bail subject to a bail bond of Rs. 5,000 with two sureties and conditions under Section 482(2) of the BNSS, and allowed the appeal.

Issues considered

  • Whether the refusal of anticipatory bail under the SC/ST Act was justified in view of the alleged false implication and pending civil dispute.
  • Whether the allegations of caste‑based abuse and threat constitute an offence warranting denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste abuse
  • land dispute
  • false implication
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.660 of 2025

                     Arising Out of PS. Case No.-500 Year-2024 Thana- MADHAURAH District- Saran
                 ======================================================
           1.    Sanjay Singh Son of Kashi Nath @ Bhrigunath Singh Resident of Village
                 -Dhenuki, P.S.- Madhowrah, Distt.- Saran at Chapra
           2.    Santosh Singh Son of Kashi Nath @ Brigunath Singh Resident of Village
                 -Dhenuki, P.S.- Madhowrah, Distt.- Saran at Chapra

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Upendra Manjhi Son of Jay Mangal Manjhi Resident of Village -Dhenuki,
                 P.S.- Madhowrah, Distt.- Saran at Chapra

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Vijay Kumar, Advocate
                 For the Respondent/s   :        Ms, Usha Kumari 1, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   04-02-2026                    1. Heard learned counsel for the appellants,

                   learned Spl. P.P. for the State 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

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 23.12.2024 in A.B.P. No. 3781 of 2024 passed by

                   the learned Exclusive Special Judge S.C./S.T. (POA) Act,

                   Chapra, Saran in connection with Madhowrah P.S. Case No.
Patna High Court CR. APP (SJ) No.660 of 2025(5) dt.04-02-2026
                                             2/4




          500 of 2024 registered for the offences punishable under

          Sections 126(2), 115(2), 352 and 351(2) of the BNS, 2023 as

          well as Sections 3(1)(r) and 3(1)(s) of the SC/ST Act.

                           3. Learned counsel for the appellants submits that

          appellants have antecedent of one case and the informant

          alleges that appellants in the morning at 08:00 AM were

          forcefully opening a shop on his land, on information, the

          informant went to the place of occurrence and objected, on

          which Sanjay abused by taking caste name and thereafter

          Santosh also abused by taking caste name and threatened with

          Hasua in hand.

                           4. Learned counsel for the appellants submits that

          the appellants have been falsely implicated in the instant case

          by the informant. It is next submitted that a land dispute is

          going on in between the parties for which a civil suit is

          pending in the Court of learned Sub-Judge, Madhowrah. It is

          next submitted that from perusal of the allegation as alleged in

          the FIR, it would manifest that on account of dispute relating

          to land, the appellants have been falsely implicated in the

          instant case with an allegation that they abused. It is

          submitted that it does not appear probable that both the

          appellants would have abused the informant one by one. It is
Patna High Court CR. APP (SJ) No.660 of 2025(5) dt.04-02-2026
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          also submitted that allegation of threat is ornamental.

                           5. Learned Spl. P.P. for the State as well as

          learned counsel appearing on behalf of the informant opposes

          the appeal, but then the learned counsel appearing on behalf

          of the informant is not in a position to rebut the submission of

          the learned counsel appearing on behalf of the appellants that

          a civil suit is pending in between the parties for adjudication

          in the Court of learned Sub-Judge, Madhowrah.

                           6. In view of the submissions made by the learned

          counsel for the appellants, the order dated 23.12.2024 in

          A.B.P. No. 3781 of 2024 passed by the learned Exclusive

          Special Judge S.C./S.T. (POA) Act, Chapra, Saran in

          connection with Madhowrah P.S. Case No. 500 of 2024, is

          hereby set aside and the appellants above-named, in the

          event of their arrest or surrender before the learned trial court

          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 the learned trial court where the

          case     is    pending/successor           court      in   connection   with

          Madhowrah P.S. Case No. 500 of 2024                          subject to the

          conditions as laid down under Section 482 (2) of the BNSS.
            Patna High Court CR. APP (SJ) No.660 of 2025(5) dt.04-02-2026
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                                   7. Accordingly, the appeal stands allowed.

                                   8. Pending application(s), if any, shall stand

                      disposed of.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T


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