Patna High Court
Ravi Kumar @ Ravi Kumar RavidasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the appeal and granted anticipatory bail to the appellant, setting aside the lower court’s refusal.
Summary
The appellant, Ravi Kumar, was charged with multiple offences under the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in a case arising from an alleged assault and robbery on 06.01.2024. He applied for anticipatory bail, which was denied by the 1st Additional Sessions Judge. On appeal under Section 14‑A(2) of the SC/ST Act, the High Court examined the validity of the notice served, the delay of three days in filing the FIR, and the claim that both parties belong to the same caste, rendering the SC/ST provisions inapplicable. The Court found the appellant’s antecedents clean, noted the injury report described only simple injuries, and concluded that the appellant was falsely implicated. Consequently, the Court set aside the lower court’s order and granted anticipatory bail subject to bail bonds and sureties, invoking its inherent powers under Section 482(2) of the CrPC. The appeal was therefore allowed.
Issues considered
- The applicability of the SC/ST Act when the complainant and accused belong to the same caste
- Whether the three‑day delay in lodging the FIR defeats the prosecution’s case
- Validity of the notice served on the second respondent who failed to appear
- Whether anticipatory bail should be granted under Section 14‑A(2) of the SC/ST Act and the inherent powers of the High Court
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- FIR delay
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1810 of 2025
Arising Out of PS. Case No.-10 Year-2024 Thana- ARIYARI District- Sheikhpura
======================================================
Ravi Kumar @ Ravi Kumar Ravidas S/O Ramnath Ravidas R/O Village-
Kasar, P.S- Ariyari (Now Kasar), Dist.- Sheikhpura.
... ... Appellant/s
Versus
1. The State of Bihar
2. Vikash Kumar S/O Janardan Ravidas R/O Village- Kadar, P.S- Ariyari,
Distt.- Sheikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bipin Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 29-01-2026 1. Heard learned counsel for the appellant and
learned Spl. P.P. for the State.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the
refusal of prayer for anticipatory bail vide order dated 18.03.2025
in A.B.P. No. 135 of 2025 passed by the learned 1st Additional
Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act,
Sheikhpura in connection with Ariari (Kasar) P.S. Case No. 10 of
2024 registered for the offences punishable under Sections 341,
323, 307, 379, 504, 506 and 34 of the Indian Penal Code as well as
Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.
3. Learned counsel for the appellant submits that
Patna High Court CR. APP (SJ) No.1810 of 2025(5) dt.29-01-2026
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from perusal of the office report dated 15.01.2026, it would
manifest that notice has been validly served on respondent no. 2,
but respondent no. 2 despite receiving notice chooses not to appear
and contest.
4. It is next submitted that appellant is a person with
clean antecedent and the informant alleges that on 06.01.2024 at
07:45 PM he was going to his shop when Gautam called him and
asked to sit in the shop, on the pretext that he was going to get tea,
further Roshan, Ravi and Pappu were present in the shop from
before and Roshan with rod and Ravi with an iron punch assaulted
him causing three injuries on his head and thereafter Roshan took
his chain, further Ravi took out Rs. 3,000/- while Pappu had
caught him, as such Ravi and Roshan got an opportunity to assault
him and Pappu had conspired the occurrence.
5. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that the appellant and the informant
belongs to the same caste, as such, SC/ST act is not attracted
against the appellant. It is also submitted that the date of
occurrence is 06.01.2024 and the FIR came to be instituted on
09.01.2024 i.e. after a delay of three days without any plausible
explanation. It is next submitted that from perusal of Annexure-3
i.e. injury report, it would manifest that the injury suffered by the
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injured has been opined to be simple in nature.
6. Learned Spl. P.P. for the State opposes the prayer
for anticipatory bail of the appellant.
7. In view of the submissions made by the learned
counsel for the appellant, the order dated 18.03.2025 in A.B.P. No.
135 of 2025 passed by the learned 1st Additional Sessions Judge-
cum-Special Judge S.C./S.T. (POA) Act, Sheikhpura in connection
with Ariari (Kasar) P.S. Case No. 10 of 2024, is hereby set aside
and the appellant above-named, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Ariari (Kasar) P.S. Case No. 10 of 2024 subject to
the conditions as laid down under Section 482 (2) of the BNSS.
8. Accordingly the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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