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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             3/4




          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
           Patna High Court CR. APP (SJ) No.1164 of 2025(6) dt.25-02-2026
                                                        4/4




                     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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