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Patna High Court

Raju Chandravanshi @ Dinesh Chandravanshi @ Raju KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted to the appellant with conditions.

Summary

The appellant, Raju Chandravanshi, was charged under multiple IPC sections including murder and assault, as well as sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, for the death of Laxman Sharma. He appealed to the Patna High Court under Section 14(A)(ii) of the SC/ST Act against the lower court's refusal to grant regular bail. The appellant's counsel argued that the chargesheet contained only a generic allegation against all accused and that there was no specific allegation or overt act attributable to him, emphasizing his clean antecedent. The State's Special Public Prosecutor opposed bail, contending that the appellant participated in the assault leading to death, though also noting the lack of a specific allegation. The High Court, after considering the facts, set aside the lower court's order and granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedent. Consequently, the appeal was allowed.

Issues considered

  • Whether bail can be granted to an accused under Section 14(A)(ii) of the SC/ST Act when the chargesheet contains only a generic allegation without specific acts attributed to the accused.
  • Whether the absence of a specific allegation against the appellant precludes denial of bail.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • scheduled caste
  • scheduled tribe
  • atrocity
  • IPC offences
  • murder
  • assault
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2720 of 2025
                   Arising Out of PS. Case No.-137 Year-2022 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
                 Raju Chandravanshi @ Dinesh Chandravanshi @ Raju Kumar S/o Binda
                 Chandravanshi R/o Village- Kasturi Karma, (Jantua), PS- Mali, District-
                 Aurangabad

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Urmila Devi W/o Pramod Paswan R/o Village- Pahar Bigha, PS- Nabinagar,
                 District- Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Krishna Prasad Singh, Sr. Advocate
                 For the Respondent/s    :       Mr. Sadanand Paswan, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   18-06-2026                  Despite valid service of notice, no one appears on

                   behalf of Respondent No. 2.

                               2. Heard Mr. Krishna Prasad Singh, learned Senior

                   counsel appearing for the appellant and Mr. Sadanand Paswan,

                   learned Special Public Prosecutor for the State.

                               3. This is an appeal under Sections 14(A)(ii) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act (hereinafter referred to as the “SC/ST Act”)

                   against the refusal of prayer for regular bail vide order dated

                   12.06.2025 passed by the learned Additional Sessions Judge 1st

                   cum Special Judge (SC/ST, NDPS & Children Act), Aurangabad

                   in connection with R.B.A. No. 282 of 2025 arising out of
Patna High Court CR. APP (SJ) No.2720 of 2025(5) dt.18-06-2026
                                             2/4




          Nabinagar P.S. Case No. 137 of 2022, F.I.R. dated 22.04.2022

          registered under Sections 307, 354(B), 341, 323, 325, 504, 147,

          148, 149 of the Indian Penal Code and later on Section 302 of

          the Indian Penal Code was added and Sections 3(1)(r)(s)/3(2)

          (va) of the Scheduled Castes and Scheduled Tribes (Prevention

          of Atrocities) Act.

                       4. Allegation against the appellant is of committing

          assault which lead to death of the deceased, namely, Laxman

          Sharma.

                       5. Learned Senior counsel for the appellant submits

          that the appellant has clean antecedent and he has been falsely

          implicated in the present case. From perusal of the F.I.R. it

          appears that although the appellant is named in the F.I.R. but

          there is no specific allegation of any assault or overt act

          attributed against the appellant rather there is general and

          omnibus allegation against all the accused persons including the

          appellant. He further submits that the police after investigation

          submitted chargesheet against the appellant and the appellant is

          in custody since 21.02.2025.

                       6. Learned Special Public Prosecutor for the State, on

          the other hand, vehemently opposed the prayer for bail of the

          appellant and submits that the appellant along with other co-
Patna High Court CR. APP (SJ) No.2720 of 2025(5) dt.18-06-2026
                                             3/4




          accused persons have assaulted to the husband of the informant

          and he has died during treatment but fairly submits that there is

          no specific allegation against the appellant.

                       7. Considering the facts and circumstances of the

          case, let the appellant, above named, 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 learned

          Additional Sessions Judge 1st cum Special Judge (SC/ST, NDPS

          & Children Act), Aurangabad in connection with Nabinagar P.S.

          Case No. 137 of 2022, with the following conditions :-

                       (1) Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the appellant tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at any

          stage, it is found that the appellant has concealed his criminal

          antecedent, the court below shall take step for cancellation of
           Patna High Court CR. APP (SJ) No.2720 of 2025(5) dt.18-06-2026
                                                        4/4




                     bail bond of the appellant. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.

                                    8. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.



                                                                    (Rajesh Kumar Verma, J)
Ibrar//-

U


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