Patna High Court – Orders
Bhola Shah @ Gulam Hasnain @ Gulam … vs The State Of Bihar on 12 March, 2026
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3872 of 2024
Arising Out of PS. Case No.-208 Year-2024 Thana- RAFIGANJ District- Aurangabad
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1. Bhola Shah @ Gulam Hasnain @ Gulam Haisain Son of Mahmud Shah
Resident of Village - Kazichak Ward No.7, P.S. - Rafiganj, District -
Aurangabad
2. Manna Shah @ Gulam Hassan Son of Mahbub Shah @ Mahbub Alam
Resident of Village - Kazichak Ward No.7, P.S. - Rafiganj, District -
Aurangabad
3. Mahbub Shah @ Mahbub Alam Son of Late Israil Resident of Village -
Kazichak Ward No.7, P.S. - Rafiganj, District - Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Upendra Chaudhary Son of Late Banshi Chaudhary @ Wanshi Chaudhary
Resident of Village - Kazichak, P.S. - Rafiganj, District - Aurangabad
... ... Respondent/s
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Appearance :
For the Appellants : Mr. Ashok Kumar Singh, Advocate
For the State : Mrs. Usha Kumari 1, Special P.P.
For Res. No.2 : Ms. Leelawati Kumari, Advocate
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 12-03-2026
Heard learned counsel for the appellants, Mrs. Usha
Kumari-1, learned Special P.P. for the State as well as 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 11.06.2024, passed by learned Court of Scheduled
Caste/Scheduled Tribe (Prevention of Atrocities) Act-cum-1st
Patna High Court CR. APP (SJ) No.3872 of 2024(6) dt.12-03-2026
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Additional District & Sessions Judge, Aurangabad in connection
with Rafiganj P.S. Case No.208 of 2024, registered under
Sections 341, 323, 504, 506, 307 and 34 of the Indian Penal
Code as well as Section 3(I)(d)/3(dha)/3(2)(va) of the SC/ST
(POA) Act, 1989.
3. Learned counsel appearing on behalf of the
appellants submits that appellants are persons with clean
antecedent and the informant alleges that his son had gone to the
grocery shop on 24.05.2024 near a mosque, where Bhola,
Manna and Mahboob were present from before, further the
accused persons abused his son by taking caste name and even
assaulted causing injury on head, on account of which, his son
became unconscious.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that
allegation of assault is not specific. It is next submitted that no
doubt it is alleged that the appellants abused the informant’s son
by taking caste name but then it does not appear probable that
all the accused in one go would have hurled abuses against the
son of the informant, as such, even allegation of abuse is general
Patna High Court CR. APP (SJ) No.3872 of 2024(6) dt.12-03-2026
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and omnibus in nature. It is further submitted that even the
injury suffered by the injured has been opined to be simple in
nature. It is next submitted that police in mechanical manner
submitted charge-sheet based on which cognizance came to be
taken and thereafter process under Section 82 Cr.P.C. was issued
on 22.09.2024, i.e., within four months of instituting the instant
FIR. It is also submitted that this amply demonstrates that how
police in mechanical manner applies for seeking process under
Section 82 Cr.P.C. and the court too in mechanical manner
issues the same. It is fairly submitted that since cognizance has
been taken that amply demonstrates that a prima facie offence
has been committed and thus bar of Section 18 of the SC/ST act
applies but then it is submitted that in the nature of allegation, as
alleged, whether it would be prudent for the Court to send the
appellants to jail when allegation of abuse and assault is not
specific.
5. The learned Special P.P. and the learned counsel
appearing on behalf of the informant oppose the appeal but then
are not in a position to rebut the submission of the learned
counsel appearing on behalf of the appellants that appellants are
persons with clean antecedent and the allegation of abuse and
assault is not specific.
Patna High Court CR. APP (SJ) No.3872 of 2024(6) dt.12-03-2026
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6. The Court after hearing the learned counsel for the
parties was inclined to grant the privilege of bail to the
appellants but for the order of cognizance, as such, the
appellants are directed to surrender before the learned Trial
Court on 24.03.2026 and if the appellants surrender on
24.03.2026, in that event, the learned Trial Court shall consider
their case on the same day.
7. The order has been passed in presence of the
learned counsel appearing on behalf of the informant.
8. The appeal is disposed of in the aforesaid terms.
(Satyavrat Verma, J)
Sanjay/-
U T