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Patna High Court

Lohar RautversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The appeal is allowed and anticipatory bail is granted to the appellants subject to conditions, setting aside the lower court’s refusal.

Summary

The appellants, Lohar Raut and Bhikhari Raut, appealed the denial of anticipatory bail in a case involving serious offences including armed assault, murder conspiracy, and violations of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the accused were armed, abused the informant's minor daughter, and instigated others to fire upon the informant, causing simple injuries. The defence argued that both appellants belong to Scheduled Castes, rendering the SC/ST Act inapplicable, and that the FIR does not specifically allege an overt act by them, also noting their existing bail for prior offences. The High Court found no specific allegation of an overt act against the appellants and, considering the nature of the injury and their criminal antecedents, granted anticipatory bail with stringent conditions. The lower court’s order refusing bail was set aside and the appeal was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the accused despite charges under the SC/ST (Prevention of Atrocities) Act and other serious offences.
  • Whether the SC/ST (Prevention of Atrocities) Act applies to accused who themselves belong to Scheduled Castes.
  • Whether the FIR contains a specific allegation of an overt act sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST (Prevention of Atrocities) Act
  • scheduled castes
  • armed assault
  • murder conspiracy
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2723 of 2025
                   Arising Out of PS. Case No.-220 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
           1.     Lohar Raut, S/o- Bhikhari Raut @ Bhikhati Ram @ Ashok Ram, Resident of
                  Village- Islampur, Police Station- Buxar M, District- Buxar
           2.    Bhikhari Raut @ Bhikhari Ram @ Ashok Ram, S/o- Late Devali Ram,
                 Resident of Village- Islampur, Police Station- Buxar M, District- Buxar

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Munna Ram, S/o- Late Khaderan Ram, Resident of Village- Islampur, Police
                 Station- Buxar M, District- Buxar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Amit Kumar Mishra, Advocate
                                                 Mr. Anirudh Mishra, Advocate
                                                 Mr. Prabha Gautam, Advocate
                 For the Respondent/s    :       Mr. Binay Krishna, Spl. P.P.
                                                 Mr. Vishwanand Upadhyay, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   20-05-2026                  Heard the learned counsel for the appellants, the

                   learned counsel for the informant/respondent no. 2 and the

                   learned Spl. P.P. for the State through virtual mode.

                                2. This is an appeal under Section 14(A)(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 [in short the SC/ST (POA) Act] against

                   the rejection of prayer for bail vide order dated 17.06.2025

                   passed by the learned District & Additional Sessions Judge-I

                   -cum- Special Judge SC/ST (POA) Act, Buxar, in A.B.P. No.

                   653 of 2025, in connection with Buxar (M) P.S. Case No. 220 of
Patna High Court CR. APP (SJ) No.2723 of 2025(3) dt.20-05-2026
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          2025, registered for the offence(s) under Section(s) 126(2),

          115(2), 117, 109, 351, 352 and 3(5) of the Bharatiya Nyaya

          Sanhita, 2023, Section 27 of the Arms Act, and Section(s) 3(1)

          (r)(s) and 3(2)(va) of the SC/ST (POA) Act.

                       3. As per the prosecution case, the six FIR named

          accused persons came variously armed with fire arms and

          started abusing the minor daughter of the informant. It is alleged

          that the appellant no. 2 along with others even abused the minor

          daughter of the informant and thereafter, Rinku Ansari and

          Bhikhari Raut (appellant no. 2) instigated Modi Ansari and

          Gorakh Raut to kill the informant upon which, Modi Ansari and

          Gorakh Raut fired from their respective fire arms which hit the

          informant. It has further alleged that the accused persons had

          fired again upon Ramwati Devi and Bablu Singh, however, they

          managed to escape.

                       4. The learned counsel for the appellants submits that

          the appellants themselves are belonging to the Scheduled Castes

          category and therefore, the allegations under SC/ST (POA) Act

          is not attracted against them. It has further been submitted that

          from the plain reading of FIR, it would be evident that there is

          no specific allegation of assault upon the present appellants and

          as far as Lohar Raut (petitioner no. 1) is concerned, he is stated
Patna High Court CR. APP (SJ) No.2723 of 2025(3) dt.20-05-2026
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          to be only a member of the mob. It has next been submitted that

          even if the allegation against Bhikhari Raut (appellant no. 2) is

          taken into account, the same is only of abusing and instigating

          the other accused persons to fire. It has lastly been submitted

          that the injury report has been brought on record by way of

          Annexure-P/2 and from perusal of the same, it was found to be

          simple in nature. Moreover, Lohar Raut (appellant no. 1) has

          one criminal antecedent while Bhikhari Raut (appellant no. 2)

          has two criminal antecedent in which they are on bail.

                       5. The learned counsel appearing on behalf of

          respondent no. 2 as also the learned Spl. P.P. for the State have

          vehemently opposed the prayer for bail. The learned counsel for

          the respondent no. 2 has stated that the appellants were armed

          and had approached the informant with a view to commit his

          murder, however, the informant was luckily escaped with simple

          injury, but the intentions of the appellants to commit his murder.

          It has further submitted that as far as appellant no. 2, namely,

          Bhikhari Raut is concerned he has also abused the daughter of

          the informant with caste name and had also instigated the other

          accused persons to fire upon the informant.

                       6. Having considered the aforesaid submissions and

          taken into account the fact that there is no specific allegation of
Patna High Court CR. APP (SJ) No.2723 of 2025(3) dt.20-05-2026
                                             4/5




          overt act against the appellants, let the appellants, above-named,

          be released on anticipatory bail, in the event of their arrest or

          surrender before the learned Court below within a period of four

          weeks from today, on their furnishing bail bonds in the sum of

          Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Court below

          where the case is pending/successor Court in connection with

          Buxar (M) P.S. Case No. 220 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure, 1973 read with corresponding Section 482(2) of the

          Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as

          subject to the following conditions :

                                  (i) One of the bailors of the appellants shall be their
                            close relative and the other shall be a local resident.
                                  (ii) The appellants shall remain physically present
                            before the concerned Court on each and every date of the
                            trial and shall cooperate in the investigation.
                                  (iii) In case of absence for two consecutive
                            occasions, without reasonable cause, or in violation of the
                            terms of the bail, the bail bonds of the appellants will be
                            liable to be cancelled by the concerned Court.
                                  (iv) The concerned Court shall verify the criminal
                            antecedent of the appellants and in case, at any stage, it is
                            found that they have concealed their criminal antecedents,
                            the Court concerned shall take necessary steps for
                            cancellation of their bail bonds. 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
           Patna High Court CR. APP (SJ) No.2723 of 2025(3) dt.20-05-2026
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                                       verification.
                                             (v) The appellants shall in no manner threaten or try
                                       to contact or influence the informant/respondent no. 2.


                                  7. Accordingly, the impugned order, referred to above,

                     is set aside.

                                  8. The appeal stands allowed.

                                  9. It is made clear that the observation, if any, made in

                     this order, shall be of no bearing during trial.



                                                                   (Sourendra Pandey, J)
krishna/deepak/-

U      T


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