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Patna High Court

Ramakant Ram @ Ramakant ChandrawanshiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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