Patna High Court – Orders
Saryug Sahani vs The State Of Bihar on 15 April, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4435 of 2023
Arising Out of PS. Case No.-289 Year-2023 Thana- PAHARPUR District- East Champaran
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1. SARYUG SAHANI son of Late Ramautar Sahani
2. Arjun Sahani son of Late Ramautar Sahani
3. Manohar Kumar son of Saryug Sahani
4. Jitendra Sahani son of Jagdish Sahani
5. Rajbanshi Sahani son of Ramdhayan Sahani
6. Jagdish Sahani son of Mathura Sahani
7. Munna Sahani son of Matha Sahani V
All R/o villageBalua Briti Tola Ps- Paharpur Dist- E.Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Babu Lal Ram son of Late Yugul Ram R/o Village- Balua Briti Tola Ps-
Paharpur Dist- E.Champaran
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Sangeet Deokuliar, Advocate
: Mr. Brajesh Sahay, Advocate
For the Respondent/s : Mr.Sadanand Paswan, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 15-04-2025
Heard Mr.Sangeet Deokuliar, learned counsel for
the appellant, learned counsel for respondent No.2 and
Mr.Sadanand Paswan, learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, against refusal of the prayer for anticipatory bail
by order dated 24.08.2023 in A.B.P. No.3856 of 2023 arising
out of Paharpur P.S.Case No.289 of 2023/G.R.Case No.219 of
Patna High Court CR. APP (SJ) No.4435 of 2023(4) dt.15-04-2025
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2023 dated 22.07.2023 passed by the learned Special Judge
SC/ST Act, East Champaran at Motihari registered under
Sections 341, 342, 323, 325, 354, 379, 504, 506, 427/34 of the
Indian Penal Code as well as under Sections 3(1)(r)(s) of the
Scheduled Castes and Scheduled Tribes Act.
3. Allegation against the appellants is that they
assaulted and abused the female member of the informant by
their caste names on account of their opposition to the accused
sowing seeds in the field of the informant.
4. Learned counsel for the appellants submits that
the appellants have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the appellants have not
committed any offence as alleged in the FIR. From a bare
perusal of the FIR it appears that due to land dispute the present
occurrence had taken place and apart from that in view of the
judgment in the case of Hitesh Verma Vs. The State of
Uttarakhand & Anr., reported in (2020) 10 SCC 710,
paragraph-18 which reads as follows:-
“18. Therefore, offence under the Act is not
established merely on the fact that the
informant is a member of Scheduled Caste
Patna High Court CR. APP (SJ) No.4435 of 2023(4) dt.15-04-2025
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member of Scheduled Caste or Scheduled
Tribe for the reason that the victim belongs to
such caste. In the present case, the parties are
litigating over possession of the land. The
allegation of hurling of abuses is against a
person who claims title over the property. If
such person happens to be a Scheduled Caste,
the offence under Section 3(1)(r) of the Act is
not made out.
5. Paragraph-18 of the aforesaid judgment and in
the background of the land dispute, no case is made out under
SC/ST Act against the appellants and apart from that, it appears
from the FIR that the date of occurrence as alleged in the FIR is
20.07.2023 but the present FIR has been instituted on
22.07.2023 after delay of about two days without giving any
explanation of delay and there is no specific allegation of any
assault or overt-act attributed against the appellants and no
injury was found on the person of the injured which suggests
that the informant has received any injury in the present
occurrence.
6. The learned counsel for respondent No.2 as well
Patna High Court CR. APP (SJ) No.4435 of 2023(4) dt.15-04-2025
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as learned Spl.P.P. for the State have vehemently opposed the
prayer for anticipatory bail of the appellants.
7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Schedule Castes and Scheduled Tribes Act is made out.
8. Considering the aforesaid facts and appellants
have clean antecedent, let the appellants, above named, in the
event of their arrest or surrender before the court below within a
period of thirty days from the date of receipt of the order, be
released on anticipatory bail on furnishing bail bond of
Rs.10,000 (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Special Judge SC/ST
Act, East Champaran at Motihari in connection Paharpur
P.S.Case No.289 of 2023/G.R.Case No.219 of 2023, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the BNSS, 2023 and with
other following conditions:-
(I) Appellants shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
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(II) If the appellants tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the appellants and in case at
any stage, it is found that the appellants have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellants. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Nitesh/-
U T