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Patna High Court

Dilip RajvanshiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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