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Patna High Court

Rajesh Ranjan @ Raju SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed the appeal by directing the appellant to surrender before the trial court, effectively refusing anticipatory bail pending trial.

Summary

The appellant, Rajesh Ranjan (Raju Singh), was charged under several IPC provisions and Section 3(i)(s) of the SC/ST (Prevention of Atrocities) Act for alleged assault, caste-based abuse, and a land‑related dispute. He contended that he has a clean record and that the complaint is false, arising from a private altercation at the complainant's house, not a public offence. The trial court, sitting as an exclusive special court under the SC/ST Act, rejected his application for anticipatory bail. The State and the complainant opposed bail, arguing that a prima facie case exists and that Section 18 of the SC/ST Act applies. The High Court, after hearing both sides, was inclined to grant anticipatory bail but held that the appeal must be disposed with a direction for the appellant to surrender before the trial court by 12‑02‑2026. The trial court was instructed to consider the case, noting that the complaint does not clearly show the witnesses were absent from the scene. Consequently, the appeal was disposed with the surrender direction, without an outright grant of anticipatory bail.

Issues considered

  • Whether the allegations constitute an offence punishable under Section 3(i)(s) of the SC/ST (Prevention of Atrocities) Act.
  • Whether a prima facie case exists to deny anticipatory bail to the appellant.
  • Whether the High Court can grant anticipatory bail notwithstanding the order of cognizance taken by the special court.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false complaint
  • land dispute
  • cognizance
  • IPC offences
  • scheduled caste abuse
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2524 of 2024
                  Arising Out of PS. Case No.-30 Year-2023 Thana- VAISALI COMPLAINT CASE District-
                                                         Vaishali
                 ======================================================
                 Rajesh Ranjan @ Raju Singh S/O Jagdish Singh R/V- Arara West, P.S.-
                 Hajipur Sadar, Dist - Vaishali

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State Of Bihar
           2.    Dhanmanti Devi S/O Maheshwar Paswan R/V - Salempur, P.S.- Hajipur
                 Sadar, Dist- Vaishali

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Ranjeet Kumar
                 For the Respondent/s    :       Ms. Usha Kumari 1- Special P. P.
                                                 Mr. Hemant Ray
                                                 Mr. Sharad Kumar Verma
                                                 Mr. Sagar Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   21-01-2026                 1. Heard learned counsel for the appellant, the learned

                   Special Public Prosecutor for the State and the learned counsel

                   appearing on behalf of the Respondent.

                               2. The appellant has challenged the order dated

                   27.04.2024 passed by the learned Exclusive Special Court,

                   SC/ST Act, Vaishali at Hajipur in connection with A.B.P.

                   No.859 of 2024 arising out of Complaint Case No.30 of 2023,

                   instituted for the offences under Sections 341, 323, 354(B), 447,

                   504, and 506 of the Indian Penal Code and Section 3(i)(s) of the

                   Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)

                   Act, whereby his prayer for grant of anticipatory bail has been
Patna High Court CR. APP (SJ) No.2524 of 2024(5) dt.21-01-2026
                                             2/4




          rejected.

                       3. The learned counsel appearing on behalf of the

          appellant submits that appellant is a person with clean

          antecedent and the complainant alleges that the accused persons

          including the appellant came and assaulted her. On objection,

          Raju and Sanjay abused her by taking caste name. Further, acted

          inappropriately with her daughter in-law and unveiled them on

          pretext that they are Witch and Rakesh snatched chain of Sindhu

          Devi and the accused said that they forged document to usurp

          land and disclosed that earlier they were giving her some money

          for the land but now her land would be usurped.

                       4. The learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          complainant with general and omnibus allegation of assault and

          abuse. It is next submitted that from perusal of the allegation as

          alleged in the FIR, it would manifest that on account of dispute

          relating to land, the present false complaint case has been

          instituted. It is also submitted that from perusal of the allegation

          as alleged in the FIR, it would manifest that the entire

          occurrence took place at the house of the complaint and thus

          was not public view, as such, prima facie in the nature of

          allegation, no offence under the SC/ST (P.O.A.) Act is made out,
Patna High Court CR. APP (SJ) No.2524 of 2024(5) dt.21-01-2026
                                             3/4




          but then, it is submitted that the learned Trial Court in

          mechanical manner proceeded and took cognizance. It is also

          submitted that though in the complaint, the complainant alleges

          that accused persons said that earlier they were giving money

          for the land but now they will usurp her land by creating forged

          document that in itself demonstrates that earlier either some

          transaction or talk with respect to purchase of land had taken

          place in between the accused persons including the appellant

          and the informant.

                       5. The learned Special P. P. as well as the learned

          counsel appearing on behalf of the complainant opposes the bail

          application. The learned counsel appearing on behalf of the

          complainant submits that since cognizance has been taken, as

          such, a prima facie case is made out and rigors of Section 18 of

          the SC/ST (POA) Act would apply, on which the learned

          counsel appearing on behalf of the appellant submits that the

          nature of allegation is also to be appreciated. It is next submitted

          that at the stage of cognizance, the accused is not before the

          learned trial Court and the cognizance is taken based on the

          complaint and evidences brought before the Court by the

          complainant. It is also submitted that from perusal of the

          complaint, it would manifest that the same does not even
               Patna High Court CR. APP (SJ) No.2524 of 2024(5) dt.21-01-2026
                                                            4/4




                         remotely suggest that the witnesses of the complaint were also

                         present at the place of occurrence when the occurrence is

                         alleged to have taken place, but then, based on their evidence

                         cognizance has been taken.

                                      6. After hearing the learned counsel for the parties,

                         the Court was inclined to extend the privilege of anticipatory

                         bail to the appellant, but for the order of cognizance, as such,

                         the appeal is disposed off with a direction to the appellant to

                         surrender before the learned trial Court on or before 12.02.2026

                         and the learned trial Court on the same day shall consider and

                         dispose of the case keeping in mind the fact that complaint

                         petition does not even remotely suggest that the witnesses were

                         not present at the place of occurrence.

                                      7. The order has been passed in presence of the

                         learned counsel appearing on behalf of the complainant.


                                                    (Satyavrat Verma, J)
vikash/-

U          T


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