Patna High Court
LAL BAHADUR RAY @ LAL RAYversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellants.
Summary
The appellants, Lal Bahadur Ray and Sanjay Ray, were charged under several IPC sections (341, 342, 323, 379, 504, 506/34) and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the brother‑in‑law of an informant with sticks and belts and seizing his tempo. Their anticipatory bail application was rejected by the Exclusive Special Court under the SC/ST Act. On appeal, the appellants contended that the allegations were vague, the injuries were minor, and no specific overt act could be linked to them, asserting a clean antecedent. The State, represented by the Special Public Prosecutor, opposed bail. The Patna High Court, after considering the facts, ordered that the appellants be released on bail upon furnishing bonds of Rs. 10,000 with two sureties each, and set aside the lower court’s order rejecting anticipatory bail.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite the allegations under the SC/ST Act and IPC.
- Whether the facts alleged constitute an offence under Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act.
- Whether the evidence presented is sufficient to justify denial of bail.
Legislation cited
- Indian Penal Code — s. 323, 341, 342, 379, 504, 506/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- scheduled caste offence
- assault
- Indian Penal Code
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1850 of 2024
Arising Out of PS. Case No.-460 Year-2023 Thana- MANER District- Patna
======================================================
1. Lal Bahadur Ray @ Lal Ray S/O Motab Lal Ray R/O Village- Khaspur, P.S-
Maner, Distt.- Patna.
2. Sanjay Ray S/O Motab Lal Ray R/O Village- Khaspur, P.S- Maner, Distt.-
Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rashmi Devi (Abated Vide Hon'ble Court's Order Dated 06-03-2025) W/O
Om Paaswan R/O Village- Khaspur, P.S- Maner, Distt.- Patna.
3. Om Paswan S/O Ramnath Paswan R/V Khaspur, P.S- Maner, Distt.- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Kumari Anupam, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
8 02-07-2026 None appears on behalf of the respondent no. 3.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
08.02.2024 passed by learned Exclusive Special Court, SC/ST
Act, Patna in ABP No. 11282 of 2023 arising out of Maner P.S.
Case No. 460 of 2023 registered under Sections 341, 342, 323,
379, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s)
of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
appellants has been rejected.
Patna High Court CR. APP (SJ) No.1850 of 2024(8) dt.02-07-2026
2/3
4. As per F.I.R., all the named accused persons
including these appellants brutally assaulted the brother-in-law
of informant by means of sticks and belts and abused him by
caste name. It is further alleged that the accused persons also
took the Tempo of the brother-in-law of informant.
5. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. Due to
petty dispute, altercation took place between the parties.
Allegation of assault is general and omnibus and there is no
allegation of any specific overt act against the appellants.
Injuries sustained by the injured are simple in nature. Rest of the
allegations are ornamental. It is not the case of informant that
alleged occurrence took place within public view and as such,
no case under SC/ST Act is made out against the appellants.
Appellants claim clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the aforesaid facts, let the appellants,
as named above, in the event of their arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. APP (SJ) No.1850 of 2024(8) dt.02-07-2026
3/3
learned Exclusive Special Court, SC/ST Act, Patna in
connection with Maner P.S. Case No. 460 of 2023.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 08.02.2024 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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