Patna High Court
Ramakant Ram @ Ramakant ChandrawanshiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order denying anticipatory bail and granted bail to the appellants.
Summary
The appellants were charged under multiple sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the informant's children with weapons and caste slurs on 10 February 2018. They sought anticipatory bail, which was denied by the Exclusive Special Judge, Gaya, on 29 April 2025. The appellants contended that the case was false, arising from a land dispute, that the allegations were vague, no injury report existed, and that they themselves belong to a Scheduled Caste, rendering the SC/ST Act inapplicable. The High Court, noting the general and omnibus nature of the accusations and the clean antecedents of the appellants, allowed the appeal and set aside the order denying anticipatory bail. Consequently, the court directed that the appellants be released on bail upon furnishing a bond of Rs.10,000 with two sureties within eight weeks of the order.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite the charges under the IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the allegations against the appellants constitute a specific offence under the cited statutes.
- Whether the appellants, being members of a Scheduled Caste, can be prosecuted under the SC/ST (Prevention of Atrocities) Act.
Legislation cited
- Indian Penal Code — s. 308, 323, 325, 34, 341, 342, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(f), 3(i), 3(r), 3(x)
Subjects
- anticipatory bail
- Indian Penal Code
- SC/ST (Prevention of Atrocities) Act
- caste based violence
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2282 of 2025
Arising Out of PS. Case No.-41 Year-2018 Thana- TEKARI District- Gaya
======================================================
1. Ramakant Ram @ Ramakant Chandrawanshi S/O Bhagwat Ram R/O
Village-Harnamath, PS-Tikari, Distt-Gaya
2. Sunil Ram S/O Ramashish Ram R/O Village-Harnamath, PS-Tikari, Distt-
Gaya
3. Dharmendra Ram @ Dharmendra Kumar S/O Balmukund Ram R/O Village-
Harnamath, PS-Tikari, Distt-Gaya
4. Bitu Kumar S/O Ramakant Ram R/O Village-Harnamath, PS-Tikari, Distt-
Gaya
5. Pradeep Ram @ Pradeep Kumar S/O Shambhu Ram R/O Village-
Harnamath, PS-Tikari, Distt-Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajdev Chaudhary S/O Late Mukhlal Chaudhary R/O Village-Harnamath,
PS-Tikari, Distt-Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Ajay Kumar Sinha, Advocate
For the State : Mr. Binay Krishna, Spl.PP
For Respondent No. 2 : Mr. Satrudhan Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
8 19-03-2026 Heard learned counsel appearing for the appellants,
learned Special Public Prosecutor appearing for the respondent-
State and learned counsel appearing for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 29.04.2025 passed in a case registered for the offence
punishable under Sections 341, 342, 323, 325, 308, 427, 504,
Patna High Court CR. APP (SJ) No.2282 of 2025(8) dt.19-03-2026
2/3
506 and 34 of the Indian Penal Code and Section 3(i)(r)(f)(x) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
these appellants has been rejected.
3. The prosecution case, in brief, is that on
10.02.2018 at about 8:30 PM, all the F.I.R. named accused
persons, including these appellants, armed with lathi and danda,
assaulted daughter and son of informant, abused them with caste
based slurs and also threatened them of dire consequences.
4. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. Due to long standing land dispute
between the parties, this false and concocted case has been
lodged. Allegation of assault is general and omnibus and no
specific accusation of overt act has been alleged against these
appellants. Moreover, there is no injury report on record to
substantiate the allegation of assault. It is further submitted that
the appellants themselves are members of the S.C. community
and as such, no case under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act is made out against these
appellants. Appellants claim clean antecedents.
5. Learned Spl. P.P. appearing for the respondent-State
Patna High Court CR. APP (SJ) No.2282 of 2025(8) dt.19-03-2026
3/3
and learned counsel appearing for the informant/Respondent
No. 2 have vehemently opposed the prayer for grant of bail to
the appellants.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the appellants, this appeal is allowed and the
impugned order dated 29.04.2025 passed by the learned
Exclusive Special Judge, SC/ST, Gaya in connection with A.B.P.
No. 109 of 2025 arising out of Tekari P.S. Case No. 41 of 2018
is hereby set aside with respect to these appellants only.
7. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, SC/ST, Gaya in connection
with Tekari P.S. Case No. 41 of 2018.
(Prabhat Kumar Singh, J)
shashank/-
U T
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