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Patna High Court

Ravi Patel @ Ranjeet KumarversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the appellant is granted anticipatory bail, setting aside the trial court’s order denying it.

Summary

The appellant, Ravi Patel, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several IPC sections for alleged caste‑based assault on a group of villagers on 22 March 2022. He applied for anticipatory bail under Section 14A(2) of the SC/ST Act, but the trial court rejected the application. The appellant contended that he had a clean antecedent, the allegations were vague and omnibus, and that a co‑accused had been granted anticipatory bail in a similar case. The Special Public Prosecutor opposed the bail. The Patna High Court, considering the appellant’s clean record, the general nature of the allegations, and the precedent of bail granted to a co‑accused, allowed the appeal, set aside the trial court’s order, and directed that the appellant be released on anticipatory bail subject to conditions under Sections 438(2) and 482(2) of the Cr.P.C.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under Section 14A(2) of the SC/ST Act despite the serious nature of the allegations.
  • Whether the allegations in the FIR constitute a case attracting the rigours of the SC/ST Act against the appellant.
  • Whether the grant of anticipatory bail to a co‑accused in a similar case is a relevant factor for the appellant’s bail application.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • Criminal Procedure Code
  • Indian Penal Code
  • bail jurisprudence
  • scheduled caste

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1979 of 2025
                  Arising Out of PS. Case No.-249 Year-2022 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Ravi Patel @ Ranjeet Kumar S/O Binod Patel R/O Vill.- Sihpur, P.s.- Sathi,
                 Dist.- West Champaran. At Present R/O Vill.- Chargaha Ward no. 3, P.s.-
                 Bettiah Mufassil, Dist.- West Champaran.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Ajay Kumar Baitha S/O Chandrev Baitha R/O Vill.- Takiya Ward no. 1, P.s.-
                 Shikarpur, Dist.- West Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Brij Kishor Mishra, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, Spl PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   13-02-2026                    Heard learned counsel for the appellant and learned

                   Special Public Prosecutor appearing for the State. Although the

                   notice has been validly served upon respondent No.2, there is no

                   representation on his behalf.

                                  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

                   21.04.2025 passed by learned District and Additional Sessions

                   Judge-1st-cum-Special          Judge      (SC/ST),       Bettiah     at    West

                   Champaran, in A.B.P. No. 647 of 2025 in connection with

                   Shikarpur P.S. Case No. 249 of 2022, registered under Sections

                   341, 323, 307, 504, 325, 354/34 of the I.P.C. read with Sections
Patna High Court CR. APP (SJ) No.1979 of 2025(4) dt.13-02-2026
                                             2/4




          3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (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, on 22.03.2022 at

          about 5:45 P.M., when the informant, namely, Ajay Kumar

          Baitha was returning home from school, he saw Prince Kumar

          capturing inappropriate photos of her daughters and on being

          objected by the informant, the accused began hurling caste

          based abuses at him; shortly after, the co-accused Manish

          Kumar Patel arrived and hit the head of informant by means of

          iron rod due to which he sustained head injury. When Sumit Rai

          came to rescue him, the co-accused Neeraj Kumar and Manish

          Kumar Patel assaulted him with an iron rod. Thereafter, when

          Sanjay Baitha and Kedar Patel came to rescue him, the appellant

          along with twenty-four persons assaulted them by means of

          lathi, danda and iron rod due to which all of them got injured

          and fell unconscious. On hulla, the villagers arrived, therefore,

          all the accused persons left the place by leaving their

          motorcycles.

                          4. Learned counsel appearing for the appellant

          submits that the appellant bears clean antecedent and is

          innocent. It has further been submitted that allegedly, the FIR
Patna High Court CR. APP (SJ) No.1979 of 2025(4) dt.13-02-2026
                                             3/4




          named accused persons including the appellant hurled abuses

          and assaulted the informant’s side by means of various weapons,

          however, no such occurrence has ever taken place in the manner

          it is alleged. It has also been submitted that the allegation is very

          much general and omnibus in nature and the same appears

          specific against the co-accused Prince Kumar and moreover,

          nobody has sustained any grievous injuries during the

          occurrence. Moreover, the co-accused, namely, Kanhaiya

          Kumar Patel has already been granted the privilege of

          anticipatory bail by co-ordinate Benches of this Court in Cr.

          Appeal (S.J.) No. 1726 of 2023 vide order dated 23.08.2024 and

          the case of the appellant is similar to that of the aforesaid co-

          accused. He further submits that no case, as alleged in the F.I.R,

          attracting rigours of SC & ST Act, is made out against the

          appellant. 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

          has vehemently opposed the prayer for grant of anticipatory bail

          to the appellant.

                          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 there is general and
              Patna High Court CR. APP (SJ) No.1979 of 2025(4) dt.13-02-2026
                                                           4/4




                        omnibus allegation against the appellant and the co-accused

                        person has already been granted the privilege of anticipatory

                        bail by a co-ordinate Bench of this Court, 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), Bettiah at West

                        Champaran in connection with Shikarpur P.S. Case No. 249 of

                        2022, 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 21.04.2025 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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