Allowed¶25

Brijendra Sao @ Bijendra Saw v. The State of Bihar

Patna HC19 Mar 2026CR. APP (SJ)/4835/2021

Case brief

AI extract

What is this about?

Patna High Court allows CR. APP (SJ) No.4835 of 2021 (decided 19-03-2026, Prabhat Kumar Singh, J.) and grants anticipatory bail to Brijendra Sao @ Bijendra Saw, Bijay Sao and Dipul Sao @ VIPUL KUMAR in Rafiganj P.S. Case No. 72 of 2021 (IPC Ss. 147, 149, 341, 323, 504; SC/ST Act S. 3(1)(r)(s)); rejection order dated 19.03.2021 by 1st ADJ Aurangabad in ABP No. 314 of 2021 set aside qua appellants; bail-bonds Rs. 10,000/- each with two sureties of like amount; allegations described as general and omnibus with no specific overt act.

What did the court decide?

Anticipatory bail granted to the three named appellants upon arrest/surrender within eight weeks, on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each; the impugned rejection order dated 19.03.2021 was set aside qua these appellants only. ¶25

Brijendra Sao @ Bijendra Saw Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellants are entitled to anticipatory bail in connection with Rafiganj P.S. Case No. 72 of 2021, notwithstanding rejection of their prayer by the 1st Additional District & Sessions Judge, Aurangabad.

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Court's answer

The appellants, in the event of their arrest or surrender within eight weeks, are to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the 1st Additional District & Sessions Judge, Aurangabad.

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Ratio / Principle

The criminal appeal is allowed and the impugned order dated 19.03.2021 rejecting anticipatory bail is set aside with respect to these appellants only.

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Detailed headnote1 paragraphs

Criminal Appeal (SJ) No. 4835 of 2021 (Patna High Court; Prabhat Kumar Singh, J.; decided 19-03-2026): Appellants Brijendra Sao @ Bijendra Saw, Bijay Sao and Dipul Sao @ VIPUL KUMAR sought anticipatory bail in Rafiganj P.S. Case No. 72 of 2021 (Sections 147, 149, 341, 323, 504 IPC; Section 3(1)(r)(s) SC/ST (Prevention of Atrocities) Act), arising from an FIR of 04.03.2021 in which informant Vimal Paswan alleged abuse and assault on himself, his son and brother. Their prayer had been rejected on 19.03.2021 by the 1st Additional District & Sessions Judge, Aurangabad in ABP No. 314 of 2021. Learned counsel for the appellants urged that the allegation was general and omnibus, with no specific overt act and no incident within public view attracting the SC/ST Act. Allowing the appeal, the High Court directed that on arrest/surrender within eight weeks the appellants be enlarged on bail on bonds of Rs. 10,000/- each with two sureties of like amount, and set aside the impugned order with respect to these appellants only.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4835 of 2021

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Arising Out of PS. Case No.-72 Year-2021 Thana- RAFIGANJ District- Aurangabad

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

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Brijendra Sao @ Bijendra Saw Son of Bhikhar Saw Resident of Village - Charkawan Haji, P.S.- Rafiganj, District - Aurangabad (Bihar)

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Bijay Sao Son of Bhikhar Saw Resident of Village - Charkawan Haji, P.S.Rafiganj, District - Aurangabad (Bihar)

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Dipul Sao @ VIPUL KUMAR Son of Sanjay Saw Resident of Village - Charkawan Haji, P.S.- Rafiganj, District - Aurangabad (Bihar)

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... ... Appellant/s

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Versus

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The State of Bihar

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Vimal Paswan Son of Ramnandan Paswan Resident of Village - Charkawan Haji, P.S.- Rafiganj, District - Aurangabad (Bihar)

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Ms. Leelawati Kumari, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor For the R. No. 2 : Mr. Gagan Deo Yadav, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 19-03-2026

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Heard learned counsel for the appellants, respondent

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no. 2 and the State.

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This appeal has been filed against the order dated 19.03.2021 passed by learned 1^st Additional District & Sessions Judge, Aurangabad in ABP No. 314 of 2021 arising out of Rafiganj P.S. Case No. 72 of 2021 registered under Sections 147, 149, 341, 323, 504 of the Indian Penal Code and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected.

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Patna High Court CR. APP (SJ) No.4835 of 2021(3) dt.19-03-2026 2/3

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As per F.I.R., informant namely, Vimal Paswan alleged that on 04.03.2021, all the accused persons including these appellants came and started abusing and assaulting informant and his son . When son of informant, his brother raised objections, they were also assaulted by accused persons, as a result of which, son of informant sustained injuries.

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Learned counsel for the appellants submits that assertion of title and possession over a piece of land, led to maarpeet between the parties, in which both parties inflicted injuries on each other. Allegation of assault is general and omnibus and there is no allegation of any specific overt act against the appellants. It is not the case of informant that alleged incident occurred within public view and as such, no case under SC/ST Act is made out against the appellants. Appellants claim clean antecedent.

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Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed the bail application.

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Considering the aforesaid facts, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with

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Patna High Court CR. APP (SJ) No.4835 of 2021(3) dt.19-03-2026 3/3

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two sureties of the like amount each to the satisfaction of learned 1^st Additional District & Sessions Judge, Aurangabad in ABP No. 314 of 2021 arising out of Rafiganj P.S. Case No. 72 of 2021.

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Accordingly, this criminal appeal is allowed and impugned order dated 19.03.2021 is set aside with respect to these appellants only.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Brijendra Sao @ Bijendra Saw v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Brijendra Sao @ Bijendra Saw v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

Parties & counsel

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