Created by Fuzzy Cloud

Patna High Court

Rishikesh Ram @ Rishikesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the specific allegation against the appellants in the Section 183 statement precludes the grant of anticipatory bail.

Summary

The appellants, Rishikesh Ram and Abhishek Ram, were charged in a case where, on 10 October 2024, armed assailants fired at the informant's residence, killing the informant's son and injuring others. They sought anticipatory bail under Sections 103(1), 109, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act, and Section 3(2)(v) of the SC/ST Act, but the Special Judge rejected the bail application. The State and the informant opposed bail, citing the informant’s statement recorded under Section 183 of the BNSS that specifically named the appellants as participants in the firing. The appellants argued they were falsely implicated and that no SC/ST offence was made out. The Patna High Court, noting the specific allegation in the Section 183 statement, declined to grant anticipatory bail and dismissed the appeal.

Issues considered

  • Whether anticipatory bail can be granted when a statement under Section 183 of the Bharatiya Nyaya Sanhita specifically implicates the accused.
  • Whether the conduct alleged constitutes an offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the appellants are entitled to bail under Sections 103(1), 109, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 27 of the Arms Act.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • SC/ST Act
  • Section 183 statement
  • specific allegation
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2975 of 2025
                      Arising Out of PS. Case No.-562 Year-2024 Thana- GAURICHAK District- Patna
                 ======================================================
           1.     Rishikesh Ram @ Rishikesh Kumar S/o- Raj Kishore Ram @ Sadhu Ram
                  R/o- Bibipur, P.S- Gaurichak, Dist- Patna
           2.    Abhishek Ram @ Abhishek Kumar S/o- Raj Kishore Ram @ Sadhu Ram
                 R/o- Bibipur, P.S- Gaurichak, Dist- Patna

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Rajeev Paswan S/o- Surendra Paswan R/o- Bibipur, P.S- Gaurichak, Dist-
                 Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Krishna Singh, Sr. Advocate
                                                  Mr. Sanjeev Kumar Singh, Advocate
                 For the State           :        Mr. Binay Krishna, SPP
                 For the Informant       :        Mr. N.A. Shamsi, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026             Heard learned counsel for the appellants and learned

                   Special Public Prosecutor for the State as also learned counsel

                   for the informant. Perused the case diary.

                           2.        The instant appeal has been filed by the appellants

                   against the order dated 16.04.2025 passed by learned Exclusive

                   Special Judge, SC/ST (PoA) Act, Patna whereby the prayer for

                   anticipatory bail of the appellants in connection with Gaurichak

                   PS Case No. 562 of 2024 instituted under Sections 103(1), 109

                   & 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 27 of the

                   Arms Act and Section 3(2)(v) of SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.2975 of 2025(3) dt.09-02-2026
                                             2/3




                  3.      The prosecution case, in brief, is that on

          10.10.2024 all the named accused persons, armed with firearms,

          came to the door of the informant, abused him and opened

          indiscriminate firing. During the firing, a bullet hit the

          informant’s son on his forehead causing his death, while Sunita

          Devi sustained a gunshot injury on her right arm and Kaushal

          Paswan narrowly escaped injury. After committing the offence

          and threatening the family members with dire consequences, the

          accused persons fled from the place of occurrence.

                  4.      Learned counsel for the appellants submits that the

          appellants are innocent and have falsely been implicated in the

          present case. There is no specific allegation against the

          appellants, rather the same is general and omnibus in nature.

          Learned counsel for the appellants further submits that the

          appellant have not taken the caste name of the informant in

          public view. Hence, no offence under the provisions of SC/ST

          Act is made out against them. The appellants have no intention

          to disgrace the image of the informant in public view. The

          appellants bear no criminal antecedent each.

                  5.      Learned Special P.P. for the State and the informant

          have vehemently opposed the prayer for grant of bail to the

          appellants. It is mainly submitted that injured in her statement
           Patna High Court CR. APP (SJ) No.2975 of 2025(3) dt.09-02-2026
                                                        3/3




                     recorded under Section 183 of the BNSS, has specifically stated

                     that it is the appellants along with other co-accused, who have

                     fired, hence, appellants are not entitled for anticipatory bail.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, there being specific allegation against the appellants

                     in the statement of the injured recorded under Section 183 of the

                     BNSS, 2023, this Court is not inclined to enlarge the appellants

                     on anticipatory bail. Appeal is accordingly dismissed.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.