In cases under the SC/ST Act, the court may grant anticipatory bail to the accused if there is an admitted land dispute between the parties and the accused have no criminal antecedents.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5806 of 2019

Arising Out of PS. Case No.-117 Year-2016 Thana- DARBHANGA SADAR District-

Darbhanga

======================================================

1.

BAIJNATH SAHNI Son of Late Mahabir Sahni Resident of Village - Bandh

Basti, P.S.- Sadar (Mabbi O.P.), District- Darbhanga

2.

Sajay Sahni @ Sanjay Kr. Sahni Son of Baijnath Sahni Resident of Village -

Bandh Basti, P.S.- Sadar (Mabbi O.P.), District- Darbhanga

3.

Hareram Sahni Son of Baijnath Sahni Resident of Village - Bandh Basti,

P.S.- Sadar (Mabbi O.P.), District- Darbhanga

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr.Pankaj Kumar Das, Adv.

For the Respondent/s

:

Mr.Usha Kumari 1, Spl.P.P.

Mr.Vinay Kumar Mishra, Adv.

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

3

06-01-2022

Heard learned counsel for the appellants, learned counsel

for the informant and learned Special Public Prosecutor for the

State through virtual court proceedings.

This is an appeal under section 14 A (2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities)

Amendment Act, 1989 (hereinafter in short referred to as the

‘SC/ST Act’) against the refusal of prayer for anticipatory bail

vide order dated 08.11.2019, passed by learned 1^st Additional

Sessions Judge-cum- Special Judge (SC/ST Prevention) Act,

Darbhanga, in connection with Sadar P.S. Case No.117 of 2016,

registered under sections 341, 323, 354(B), 448, 380/34 of the

Patna High Court CR. APP (SJ) No.5806 of 2019(3) dt.06-01-2022

2/3

IPC and sections 3(1) XI, III, X of the SC/ST Act.

The crux of the prosecution case is that the appellants

along with other accused persons have abused and assaulted the

informant due to a dispute initiated by the accused persons. It is

alleged that they tried to disrobe her and on protest, they

assaulted and abused the family members of the informant by

means of lathi, danda, fists and slaps and spitted on the

informant’s face.

It is submitted by learned counsel for the appellants that

the appellants are innocent and have not committed any offence.

No such occurrence as alleged has ever taken place. Appellants

has been falsely implicated in the case due to personal grudge.

There is a land dispute between the parties since long and for

the same occurrence there is case and counter-case between the

parties. There is general and omnibus allegation against the

appellants and other accused persons. It is submitted that no

case under the SC/ST Act is made out against the appellants as

the occurrence has not taken place in the public view. Appellants

have no criminal antecedent, as also mentioned in para-3 of the

memo of appeal.

Learned Spl. PP for the State as well as learned counsel

for the informant opposed the prayer for anticipatory bail by

Patna High Court CR. APP (SJ) No.5806 of 2019(3) dt.06-01-2022

3/3

submitting that there is specific allegation against the appellants

and other accused persons to have abused and assaulted the

informant’s side.

Considering the facts and circumstances of the case, since

there is admitted land dispute between the parties, I am inclined

to grant anticipatory bail to the appellants. Accordingly, the

appellants named above, in the event of their arrest or surrender

before the learned Court below within a period of six weeks

from today, is directed to be released on bail on furnishing bail

bond of Rs.25,000/- (Rs. Twenty Five Thousand) each with two

sureties of the like amount each to the satisfaction of the learned

1^st Additional Sessions Judge-cum- Special Judge (SC/ST) Act,

Darbhanga, in connection with Sadar P.S. Case No.117 of 2016,

subject to the condition as laid down under section 438 (2) of

the Cr.P.C.

Accordingly, the impugned order is set aside and this

appeal is allowed.