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Patna High Court

Vijay RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the trial court's refusal and granted anticipatory bail to the appellant subject to prescribed conditions.

Summary

Vijay Rai appealed to the Patna High Court against the trial court's refusal to grant anticipatory bail in a case involving alleged assault and offences under the Bihar National Security Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant argued he had a clean record and that the injury caused was simple and occurred inside the informant's house, not in public view. The State opposed the bail, citing the seriousness of the charges, including sections of the SC/ST Act. The High Court, after hearing both sides, set aside the trial court's order and granted anticipatory bail subject to a bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the BNS Act. The appeal was therefore allowed, and the appellant may be released on bail if arrested within six weeks.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under the SC/ST Act and the Bihar National Security Act, 2023.
  • Whether the nature and location of the alleged injury justify denial of bail.
  • Whether the trial court erred in refusing bail under Section 14-A(2) of the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Section 14-A
  • Bihar National Security Act
  • assault
  • bail conditions
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2869 of 2025
                       Arising Out of PS. Case No.-463 Year-2024 Thana- TARAIYA District- Saran
                 ======================================================
                 Vijay Rai Son of Shivnath Rai Resident of Village - Chakiya, P.S.- Taraiya,
                 District - Saran.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Avadhesh Ram Son of Late Shiv Kumar Ram Resident of Village - Louwa
                 @ Lauwan, P.S.- Taraiya, District - Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Alok Kumar Alok, Advccate
                 For the Respondent/s    :        Mr. Binay Krishna, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   08-07-2026                    1. Heard learned counsel for the appellant and

                   learned Special P.P. for the State, Mr. Binay Krishna.

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

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 30.01.2025 in A.B.P. No. 04 of 2025 passed by the

                   learned Exclusive Special Judge S.C./S.T. (POA) Act, Saran at

                   Chapra in connection with Taraiya P.S. Case No. 463 of 2024

                   registered for the offences punishable under Sections 126(2),

                   115(2), 352, 303(2), 351(2), 76 and 3(5) of the BNS, 2023 as

                   well as Sections 23(i)(r)(s) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.2869 of 2025(6) dt.08-07-2026
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                          3. The Investigating Officer of the case, in

          compliance of the order dated, 30.06.2026, is present in the

          Court.

                          4. Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and allegation

          against him is of assaulting the informant by rod causing injury

          on head and the occurrence is alleged to have taken place inside

          the house of the informant, thus, was not in public view. It is

          further submitted that even injury suffered by the injured has

          been opined to be simple in nature.

                          5. On query of the Court from the Investigating

          Officer of the case with regard to the injury, it is submitted that

          injury has been opined to be simple in nature.

                          6. Learned Special P.P. for the State opposes the

          appeal.

                          7. After hearing the learned counsel for the parties,

          the order dated order dated 30.01.2025 in A.B.P. No. 04 of 2025,

          is hereby set aside and the appellant above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties

          of the like amount each to the satisfaction of the learned Trial
            Patna High Court CR. APP (SJ) No.2869 of 2025(6) dt.08-07-2026
                                                         3/3




                      Court where the case is pending/successor court in connection

                      with Taraiya P.S. Case No.                 463 of 2024 subject to the

                      conditions as laid down under Section 482 (2) of the BNSS.

                                   8. Accordingly, the appeal stands allowed.

                                   9. The personal appearance of the Investigating

                      Officer of the case is dispensed with.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T


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