Patna High Court
Dilip RajvanshiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is released on bail.
Summary
The appellant, Dilip Rajvanshi, was charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly participating in extortion of liquor manufacturers and assaulting the husband of the informant, which led to his death. The trial court denied bail. On appeal, the appellant argued that he was falsely implicated, there was no eye‑witness, no direct allegation against him, no caste‑based abuse, and he had no prior criminal record, while a co‑accused had been granted bail. The prosecution opposed bail. The High Court, considering the general nature of the accusation, the appellant’s clean antecedents, the period of custody and parity with the co‑accused, set aside the lower court’s order and granted bail on a bond of Rs.10,000 with two sureties. The appellant was ordered to be released on bail.
Issues considered
- Whether the appellant is entitled to bail despite the charges under the Bihar Narcotic Substances Act and the SC/ST (Prevention of Atrocities) Act.
- Whether the facts alleged constitute an offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
- Whether the appellant’s lack of direct evidence and clean antecedents warrant parity with a co‑accused who was granted bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- SC/ST Act
- extortion
- assault
- homicide
- parity
- clean antecedents
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1016 of 2025
Arising Out of PS. Case No.-289 Year-2024 Thana- GOVINDPUR District- Nawada
======================================================
Dilip Rajvanshi Son of Saryoo Rajbanshi Resident Of Village -Siur, PS- Roh,
District- Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Shobha Devi Wife of Rajan Rajwanshi Resident of Village- Govindpur Dih,
P.S.- Govindpur, Distt.- Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Sheo Kumar Prasad, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Informant : Mr. Pankaj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 19-03-2026 Heard learned counsel appearing for the appellant,
learned Special Public Prosecutor appearing for the respondent-
State and learned counsel appearing for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 12.11.2024 passed in a case registered for the offence
punishable under Sections 103(1) and 3(5) of the B.N.S. and
Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for grant of
bail to the appellant has been rejected.
Patna High Court CR. APP (SJ) No.1016 of 2025(6) dt.19-03-2026
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3. As per prosecution case, informant alleged that all
the F.I.R. named accused persons, including this appellant, used
to extort money from the persons who were involved in
manufacturing of liquor and her husband was one of them. It is
alleged that when husband of the informnat refused to pay the
Rangdari, all the F.I.R. named accused persons, including this
appellant, assaulted husband of informant with lathi, danda and
iron rod as a result of which, he died.
4. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. As a matter of fact, this appellant and
informant are neighbours and due to trivial dispute, appellant
has falsely been implicated in this case. Informant is not an eye
witness to the occurrence and there is no direct allegation
against this appellant. It is further contended that the deceased
had not sustained any injury on the vital party of his body and
had not suffered any external bleeding injuries. Moreover, from
bare perusal of the F.I.R. it is apparent that there is no allegation
against this appellant of abusing informant or her husband by
caste name and as such, no case under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act is made out
Patna High Court CR. APP (SJ) No.1016 of 2025(6) dt.19-03-2026
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against this appellant. It is lastly submitted that co-accused
Shravan Manjhi, having similar and identical allegations, has
already been granted bail by a Co-ordinate Bench of this
Hon’ble Court vide order dated 24.02.2026 passed in Cr. Appeal
(SJ) No. 1781 of 2025. Appellant has got no criminal
antecedents and he is in custody since 05.10.2024.
5. Learned Spl. P.P. appearing for the respondent-State
and learned counsel for the informant/Respondent No. 2 have
vehemently opposed the prayer for grant of bail to the appellant.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, period of
custody, claim based on parity and clean antecedents of the
appellant, this appeal is allowed and the impugned order dated
12.11.2024 passed by the learned Exclusive Special Judge,
S.C./S.T. Act, Nawada in B.P. No. 1732 of 2024 arising out of
Govindpur P.S. Case No. 289 of 2024 is hereby set aside with
respect to this appellant only.
7. Accordingly, let the appellant, named above, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, S.C./S.T. Act,
Patna High Court CR. APP (SJ) No.1016 of 2025(6) dt.19-03-2026
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Nawada in connection with Govindpur P.S. Case No. 289 of
2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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