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Patna High Court

LAL BAHADUR RAY @ LAL RAYversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

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

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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