Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted subject to conditions.
Summary
The appellants, Ravi Kumar and Amod Kumar Ray, were charged under the SC/ST (Prevention of Atrocities) Act and several IPC provisions for allegedly assaulting informant Subhash Kumar and his brother with weapons, causing injuries and theft of a gold chain. They sought anticipatory bail, arguing that the FIR was lodged after a two‑month delay, the injuries were minor and caused by blunt objects, and that the incident was a spontaneous altercation with a counter‑case between the parties. The Special Public Prosecutor opposed bail, contending the appellants were actively involved in the offence. The High Court considered the delay, the nature of injuries, lack of premeditation, and the case‑counter‑case context, and held that bail could be granted if the appellants surrendered within six weeks and furnished a bond with sureties. Consequently, the appeal was allowed and the order rejecting anticipatory bail was set aside, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the appellants under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act.
- Whether the delay of over two months in lodging the FIR, the nature of injuries, and the claim of a case‑counter‑case affect the grant of bail.
- Whether the alleged offences were committed with premeditation or were spontaneous, impacting bail considerations.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- delay in FIR
- premeditation
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1164 of 2025
Arising Out of PS. Case No.-567 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
1. Ravi Kumar S/o Amod Kumar Ray @ Amod Ray R/o Vill.- Randaha, P.S-
Baranti, Dist.- Vaishali
2. Amod Kumar Ray @ Amod Ray S/o Late Ram Ekbal Ray R/o Vill.-
Randaha, P.S- Baranti, Dist.- Vaishali
... ... Appellant/s
Versus
1. The State of Bihar
2. Subhash kumar S/o Harikant Paswan R/o vill.- Balatad P.S. - Bidupur Distt.-
Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajesh Kumar, Advocate
For the Respondent/s : Mr.Anita Kumari Singh, Spl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
6 25-02-2026 Heard learned counsel for the appellants and
learned Special Public Prosecutor appearing for the State. None
appears on behalf of respondent No. 2.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
10.12.2024 passed by learned Exclusive Special Court (SC/ST
Act)-A.D.J., Vaishali at Hajipur, in A.B.P. No. 2677 of 2024
arising out of Bidupur P.S. Case No. 567 of 2024 registered
under Sections 115(2), 126(2), 109, 303(2) and 352 of B.N.S.
and Sections 3(1)(r)(s) and 3(2)(va) of Scheduled Castes and
Patna High Court CR. APP (SJ) No.1164 of 2025(6) dt.25-02-2026
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Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby
the prayer for grant of anticipatory bail of the appellants has
been rejected.
3. As per the prosecution case, the informant,
namely Subhash Kumar alleged that on 30.07.2024 at about
07:30 AM, when the informant went to worship in Shiv Temple,
in the meantime, some altercation took place with the appellant
no.1 (Ravi Kumar). After some time, the appellants and other
co-accused persons along with 4-5 unknown persons armed with
weapon, lathi and danda came and started assaulting the
informant, when brother of the informant came to rescue he was
also assaulted by means of farsa due to which he received head
injury and fell on the ground, Ravi Kumar (appellant no.1)
assaulted his younger brother, namely Vikash with farsa on his
head with intention to kill due to which he also sustained injury
and fell unconscious on the ground. It is further alleged that all
the accused persons abused the informant and the co-accused
Raju Kumar snatched gold chain from his neck.
4. Learned counsel for the appellants submits that
the appellants, they have one criminal antecedent, are innocent
and have not committed any offence. He further submits that
there is a case and counter-case between the parties. The alleged
Patna High Court CR. APP (SJ) No.1164 of 2025(6) dt.25-02-2026
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occurrence took place suddenly without any premeditation to
kill, although there is specific allegation of assault by appellant
no.1 on the head of the informant and his brother Vikash, but the
injury report which has been annexed as Annexure-P/3 series
would go to show that the informant and his brother have
received simple injuries and the doctor has opined that the
injuries may be caused by hard and blunt object while the
allegation is of assault by farsa (sharp cutting weapon). It has
also been submitted that the appellants side have also received
injuries and the treatment of the appellants at Sadar Hospital and
the injury report has been annexed as Annexure-P/4. It is further
submitted that there is a delay of more than two months in
lodging the FIR. The injuries on the person of the appellants
have not been explained by the informant side. The allegation
has not been allegedly committed within the public view. Hence,
the impugned order may be set aside and the appellants may be
granted the privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
has vehemently opposed the prayer for grant of anticipatory bail
to the appellants and submitted that the appellants are actively
involved in the present occurrence.
6. Considering the entire facts and circumstances of
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the case particularly the fact that there is a delay of over two
months in lodging the FIR and there being case and counter-
case between the parties, the alleged offence having taken place
without premeditation to kill and the injury report of informant
and his brother are simple in nature caused by hard and blunt
substance, let the above named appellants, in the event of their
arrest/surrender within a period of six weeks, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Court (SC/ST Act)-A.D.J., Vaishali at
Hajipur, in connection with Bidupur P.S. Case No. 567 of 2024
subject to the conditions laid down under Section 482(2) of the
B.N.S.S.
7. Accordingly, this appeal is allowed and the
impugned order dated 10.12.2024 rejecting the prayer for grant
of anticipatory bail to the appellants is set aside.
(Praveen Kumar, J)
shivam/-
U T
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