Patna High Court
Ramdutt Singh @ Ramdat Singh @ Ramdut SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The High Court held that the allegations do not fall within the purview of the SC/ST Act and that anticipatory bail may be granted.
Summary
The appellant, Ramdutt Singh, was charged with assault, theft, and alleged caste-based abuse under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several IPC provisions. He sought anticipatory bail, which the Special Judge had denied. The appellant argued that the incident arose from a land dispute, that the injury was minor, and that the alleged caste abuse did not occur in a public place and therefore did not fall within the SC/ST Act. The State and the second respondent opposed bail, contending that the offence was motivated by caste and involved robbery. The Patna High Court, considering the appellant's clean antecedent, the simplicity of the injury, and the lack of a public setting for the alleged abuse, held that the allegations did not attract the rigours of the SC/ST Act and that anticipatory bail was appropriate. Consequently, the court set aside the lower court’s order and granted bail subject to conditions under Sections 438(2) CrPC and 482(2) B.N.S.
Issues considered
- Whether the alleged caste-based abuse falls within the ambit of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail can be granted under Section 14A(2) of the SC/ST Act in the present facts.
- Whether the nature of the injury and the circumstances justify the grant of bail despite the pending charges under IPC sections 126(2), 115(2), 109(1), 303(2) and 352.
Legislation cited
- B.N.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 109(1), 115(2), 126(2), 303(2), 352
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste abuse
- assault
- land dispute
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1848 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- OBRA District- Aurangabad
======================================================
Ramdutt Singh @ Ramdat Singh @ Ramdut Singh S/O Late Raghunath Singh
R/O Vill.- Dube Bigha Kara, P.s.- Obra, Dist.- Aurangabad.
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Ramswrup Ram S/O Late Gogardhan Ram R/O Vill.- Rajpur, P.s.- Mufassil,
Dist.- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rupa Kumari, Advocate
For the State : Ms. Usha Kumari 1, Spl PP
For the Respondent No. 2 : Mr. Madhuresh Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 13-02-2026 Heard learned counsel for the appellant, learned
counsel for the Respondent No. 2 and learned Special Public
Prosecutor appearing for the State.
2. This appeal under Section 14A(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
08.04.2025 passed by learned District and Additional Sessions
Judge-1st-cum- Special Judge (SC/ST and NDPS Act),
Aurangabad, in A.B.P. No. 633 of 2025 in connection with Obra
P.S. Case No. 02 of 2025, registered under Sections 126(2),
115(2), 109(1), 303(2) and 352 of the B.N.S read with Section
3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled
Patna High Court CR. APP (SJ) No.1848 of 2025(5) dt.13-02-2026
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Tribe (Prevention of Atrocities) Act, 1989, whereby the prayer
for grant of anticipatory bail of the appellant has been rejected.
3. As per the prosecution case, the informant
Ramswaroop Ram, alleged that he purchased 79 decimal land in
the name of his wife, namely, Manmati Devi in the year 1993
which is situated at Dubey Bigha Kara, Aurangabad. It is further
alleged that on 19.12.2024 at about 1:00 P.M., the informant
went to the said land for ploughing, at that very moment,
Ramdutt Singh (appellant) arrived and started abusing the
informant by using derogatory language with regard to his caste
name and suddenly hit on the head of the informant by means of
sharp edged weapon due to which he sustained injury on his
head, subsequently, he fell down on the ground. It is further
alleged that the appellant took Rs. 20,000/- from the pocket of
the informant and also snatched gold chain from his neck.
Further, the villagers took the informant to the Primary Health
Centre and from there he was referred to Sadar Hospital for
further treatment.
4. Learned counsel appearing for the appellant
submits that the appellant bears clean antecedent and is
innocent. It has been further submitted that the allegation has
been levelled in the backdrop of serious land dispute between
Patna High Court CR. APP (SJ) No.1848 of 2025(5) dt.13-02-2026
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the parties. Moreover, the injuries upon the informant appears to
be simple in nature and the Doctor has not mentioned the nature
of weapon used and there is no repetition of blow. He further
submits that from a bare perusal of the FIR the same appears to
be a concocted story and no such alleged occurrence took place.
As regards allegation of abuse with the caste name attracting the
rigours of SC & ST Act is concerned, it is not committed in a
public place nor any person has been named to be present at the
place of occurrence when the alleged offence of abuse was
being committed. Hence, the impugned order may be set aside
and the appellant may be granted the privilege of anticipatory
bail.
5. Learned Special Public Prosecutor for the State
as well as learned counsel for the Respondent No. 2 has
vehemently opposed the prayer for grant of anticipatory bail to
the appellant and submitted that the informant has been abused
and assaulted because of his caste and the accused persons are
trying to grab the land of the informant.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellant bears clean
antecedent coupled with the fact that the injury is simple in
nature without any repetition of assault and the allegation does
Patna High Court CR. APP (SJ) No.1848 of 2025(5) dt.13-02-2026
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not come under the purview of SC/ST Act, let the above named
appellant in the event of his arrest/surrender within a period of
six weeks 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 the learned District and Additional
Sessions Judge-1st-cum- Special Judge (SC/ST and NDPS Act),
Aurangabad, in connection with Obra P.S. Case No. 02 of 2025,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S/Section 438(2) of the Cr.P.C.
7. Accordingly, this appeal is allowed and the
impugned order dated 08.04.2025 rejecting the prayer for grant
of anticipatory bail to the appellant is, hereby, set aside.
(Praveen Kumar, J)
Jyoti/-
U T
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