Chhotelal Saw Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Chhotelal Saw Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: the impugned order dated 15.05.2025 is set aside and the appellants, in the event of arrest/surrender within eight weeks, are to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount, to the satisfaction of the learned District and Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act, Lakhisarai, in connection with Lakhisarai SC/ST Police Station Case No. 06 of 2025.

Issue for consideration

Whether the order dated 15.05.2025 rejecting the appellants' prayer for anticipatory bail should be set aside and the appellants enlarged on bail. +1 more

Court's answer

The appeal is allowed and the impugned order dated 15.05.2025 rejecting anticipatory bail is set aside.

Ratio / Principle

In the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of the order, the appellants are to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount, to the satisfaction of the learned District and Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act, Lakhisarai, in connection with Lakhisarai SC/ST Police Station Case No. 06 of 2025.

Detailed headnote1 paragraphs

CRIMINAL APPEAL (SJ) ALLOWED — ANTICIPATORY BAIL GRANTED. Appeal under CRIMINAL APPEAL (SJ) No.2616 of 2025 (Patna High Court, Prabhat Kumar Singh, J., decision 22-01-2026) against order dated 15.05.2025 rejecting the appellants' (Chhotelal Saw and Vijay Saw) prayer for anticipatory bail in connection with Lakhisarai SC/ST Police Station Case No. 06 of 2025, registered for offences punishable under Sections 126(2), 115, 74, 303(2), 351(2) and 3(5) of the BNS and Sections 3(i)(r)(s) and 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. FIR alleged that on 20.02.2025 the accused persons, including the appellants, surrounded the informant and his family members, abused and assaulted them, that appellant No. 3 assaulted the informant with a hasua and snatched his wife's Mangalsutra, and that the accused abused them with caste name. Appellants contended innocence, absence of any injury report substantiating the assault, absence of any allegation that they abused the informant by caste name (hence no SC/ST Act case), and clean antecedents; the State opposed. Holding: appeal allowed, impugned order set aside; appellants, in the event of arrest/surrender within eight weeks, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount to the satisfaction of the learned District and Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act, Lakhisarai. No finding was recorded on the contention regarding applicability of the SC/ST Act. Despite filing vakalatnama, nobody appeared for respondent No. 2.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2616 of 2025

Arising Out of PS. Case No.-6 Year-2025 Thana- SC/ST District- Lakhisarai

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

1 . Chhotelal Saw S/o- Genauri Saw Resident of Village- Bartara P.S- Halsi District- Lakhisarai

Vijay Saw S/o- Genauri Saw Resident of Village- Bartara P.S- Halsi DistrictLakhisarai

... ... Appellant/s

Versus

1 . The State of Bihar

Prince Raj S/o- Nand Lal Chaudhary Resident of Village- Bartara P.S- Halsi District- Lakhisarai

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Sanjeev Kumar , Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 22-01-2026

Heard learned counsel for the parties. Despite

filing vakalatnama , nobody appears on behalf of respondent No. 2.

This appeal has been filed for setting aside order dated 15.05.2025 passed in a case registered for the offence punishable under sections 126 ( 2 ), 115, 74, 303 ( 2 ), 351 ( 2 ) and 3 (5) of BNS and sections 3(i)(r)(s), 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

As per F.I.R. informant alleged that on 20.02.2025,

Patna High Court CR. APP (SJ) No.2616 of 2025(3) dt.22-01-2026 2/3

the accused persons including these appellants surrounded informant and his family members and started abusing and assaulting them. It is further alleged that appellant No. 3 assaulted informant by means of hasua and snatched Mangalsutra from his wife . Later on , all the accused persons abused them with caste name and fled away from spot.

It is submitted that appellants are innocent and have committed no offence as alleged. Though there is allegation that these appellants along with other co-accused persons, assaulted informant but there is no injury report on record to substantiate the allegation of assault. It is further submitted that there is no allegation that these appellants abused the informant by caste name and as such, no case under SC/ST Act is made out. Appellants claim clean antecedent.

5 . Learned special Public Prosecutor for the State opposed the bail.

Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like

Patna High Court CR. APP (SJ) No.2616 of 2025(3) dt.22-01-2026 3/3

amount each to the satisfaction of the learned District and Additional Sessions Judge-1^st -cum-Special Judge, SC/ST Act, Lakhisarai in connection with Lakhisarai SC/ST Police Station Case No. 06 of 2025 .

(Prabhat Kumar Singh, J)

Koushik/-

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