Patna High Court
Ravindra Yadav @ Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The appeal is allowed; the trial court’s order denying anticipatory bail is set aside and the appellants are granted anticipatory bail.
Summary
The appellants were charged in a police case for alleged assault and caste‑based verbal abuse of a Dalit woman and her family under the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989. The trial court had rejected their anticipatory bail application. The appellants argued that the allegations of caste slur and assault were directed at other accused, not them, and that the injuries were minor. The State contended that the FIR specifically named the appellants for assault and caste‑based insults. The High Court, noting the lack of specific allegation against the appellants for caste slur and the minor nature of injuries, granted anticipatory bail and set aside the trial court’s order. Consequently, the appellants were directed to obtain bail on furnishing a bond with sureties if arrested within four weeks.
Issues considered
- Whether the appellants can be granted anticipatory bail under Section 438 CrPC in a case filed under the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether the FIR specifically implicates the appellants for caste‑based verbal abuse and assault.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- SC/ST Act
- caste based assault
- criminal procedure
- bail jurisprudence
- scheduled caste atrocities
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2905 of 2025
Arising Out of PS. Case No.-344 Year-2025 Thana- DAUDNAGAR District- Aurangabad
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1. Ravindra Yadav @ Ravindra Kumar son of Late Rameshwar Yadav Village-
Chakku Bigha PS -Daudnagar District -Aurangbad
2. Rakesh Kumar Son of Rajendra Yadav Village- Chakku Bigha PS
-Daudnagar District -Aurangbad
3. Nitish Kumar Son of Rajendra Yadav Village- Chakku Bigha PS -Daudnagar
District -Aurangbad
4. Rajesh Kumar @ Rajesh Ranjan son of Rajendra Yadav Village- Chakku
Bigha PS -Daudnagar District -Aurangbad
... ... Appellant/s
Versus
1. The State of Bihar
2. Phool Kumari Wife of Luxman Ram Village -Manaar Tola Shiv Chara Bigha
PO -Gaini PS- Daudnagar District- Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rakesh Singh
For the Respondent/s : Mr. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 23-02-2026 1. Heard learned counsel for the appellants and
learned Additional Public Prosecutor for the State.
2. An order, dated 30.06.2025, passed by learned
District and Additional Sessions Judge-1st-cum-Special Judge
(SC/ST, NDPS, Children Court), Aurangabad, in ABP No. 1489
of 2025, is under challenge in the present appeal preferred under
Section 14-A (2) of the Schedule Caste and Schedule Tribes
(Prevention of Atrocities) Act, 1989, whereby the anticipatory
bail application of the appellant in connection with Daudnagar
Patna High Court CR. APP (SJ) No.2905 of 2025(4) dt.23-02-2026
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Police Station Case No. 344 of 2025 registered for the offence
punishable under Sections 109, 190, 191(2), 126(2), 115(2),
117(2), 352, 351(2) of the BNS, 2023 and Section 3 (1)(r), 3(1)
(s), 3(2)(va) of the Schedule Caste/Schedule Tribe (Prevention
of Atrocities) Act, has been rejected.
3. As per the FIR, on 21.05.2025, in the afternoon,
while the informant's son was returning after attending his
school, some boys assaulted him upon which the informant went
before the guardian of those boys for lodging a complaint. The
appellants along with other accused persons, total seven in
number, started mocking the informant, called by her caste
name and the co-accused Sunil Yadav also made derogatory
remarks against the informant. Subsequently, thereafter,
informant returned back to her home. After one hour, another set
of accused persons named in the FIR from Accused Nos. 8 to 16
arrived at the house of the informant, abused her and assaulted
father-in-law of the informant, causing injury. They also
assaulted Beauty Kumari, causing injury and also assaulted the
family members of the informant.
4. Learned counsel for the appellants submits that
appellants have been made accused due to quarrel between the
children. A counter case has been lodged by the side of the
Patna High Court CR. APP (SJ) No.2905 of 2025(4) dt.23-02-2026
3/4
appellants against the informant and others bearing Daudnagar
PS case No. 325 of 2025. There is no specific allegation of
assault and calling by caste name to the informant against the
appellants. A specific allegation of caste slur is against Sunil
Yadav. The second set of accused in the FIR, i.e., from Accused
Nos. 8 to 16, belong to the members of the SC/ST community.
The injuries sustained by the victims are simple in nature, as
would be evident from the injury report. The appellants side
have also sustained injury in the scuffle.
5. On the other hand, Mr. Shashi Bhushan Upadhyaya,
learned counsel for the O.P. No. 2 and Mr. Nawal Kishore,
learned counsel appearing for the State opposes the prayer for
bail and submits that the appellants are named in the FIR and
there is allegation of assault, as well as calling the informant and
her son by caste name.
6. Having regard to the submissions made on behalf
of the parties and taking into consideration the nature of
allegation and the fact that there is no specific allegation against
the appellants calling the informant by her caste name or
assaulting the family members of the informant and the fact that
the injuries sustained by the victims are simple in nature, I am
inclined to grant the appellants privilege of anticipatory bail.
Patna High Court CR. APP (SJ) No.2905 of 2025(4) dt.23-02-2026
4/4
7. This appeal is, accordingly, allowed and the order,
dated 30.06.2025, passed by learned District and Additional
Sessions Judge-1st-cum-Special Judge (SC/ST, NDPS, Children
Court), Aurangabad, in ABP No. 1489 of 2025, is set aside.
8. Let the appellants, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released 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 District and
Additional Sessions Judge-1st-cum-Special Judge (SC/ST,
NDPS, Children Court), Aurangabad, in connection with
Daudnagar Police Station Case No. 344 of 2025, subject to the
condition laid down under Section 438 (2) of the Code of
Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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