Patna High Court
Md. Rahish @ Md. Rahis @ Md. RahidversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed bail to appellants 1, 2 and 4 but denied bail to appellant 3, setting aside the lower court’s order only with respect to the former.
Summary
The appellants were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for assaulting and abusing the informant and her daughter with caste‑based slurs. The prosecution alleged that appellant No.3, Md. Ramjan, struck the informant on the head with the butt of a pistol, causing grievous injury, while the other appellants were accused only of general abusive conduct. The appellants sought anticipatory/pre‑arrest bail, claiming innocence and lack of specific evidence against them. The court examined the specificity of the allegations, the nature of the injuries, and the clean antecedents of appellants 1, 2 and 4. It rejected bail for appellant No.3 due to the serious and specific charge, but granted bail to appellants 1, 2 and 4, setting aside the lower court’s order as to them, and directed bail conditions. The appeal was consequently disposed.
Issues considered
- Whether anticipatory bail should be granted to accused under the SC/ST Act when the allegations are specific versus general.
- Whether the seriousness of the alleged assault by appellant No.3 warrants denial of pre‑arrest bail.
Legislation cited
- Indian Penal Code — s. 308, 323, 34, 341, 354B, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- pre‑arrest bail
- SC/ST Act
- caste based violence
- assault
- IPC
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.327 of 2025
Arising Out of PS. Case No.-282 Year-2024 Thana- KANTI District- Muzaffarpur
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1. Md. Rahish @ Md. Rahis @ Md. Rahid Son of Md. Nabbijan Resident of
Village- Kaparpura, P.S.- Kanti, District- Muzaffarpur
2. Md. Altaf @ Md. Aftab Son of Md. Rahish @ Md. Rahis @ Md. Rahid
Resident of Village- Kaparpura, P.S.- Kanti, District- Muzaffarpur
3. Md. Ramjan Son of Md. Rahish @ Md. Rahis @ Md. Rahid Resident of
Village- Kaparpura, P.S.- Kanti, District- Muzaffarpur
4. Jumaida Khatun Wife of Md. Rahish @ Md. Rahis @ Md. Rahid Resident of
Village- Kaparpura, P.S.- Kanti, District- Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Bindu Devi Wife of Biran Rajak Resident of Village- Kaparpura, P.S.- Kanti,
District- Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Krishna Kant Singh, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
For the Informant : Mr. Sunil Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 16-04-2026 Heard learned counsel appearing for the appellants,
learned Special Public Prosecutor appearing for the respondent-
State and learned counsel appearing for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 05.12.2024 passed in a case registered for the offence
punishable under Sections 341, 323, 308, 354B, 504, 506 and 34
of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled
Patna High Court CR. APP (SJ) No.327 of 2025(5) dt.16-04-2026
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Castes and Scheduled Tribes (Prevention of Atrocities) Act,
whereby the prayer for anticipatory bail of these appellants has
been rejected.
3. The prosecution case, on 04.06.2024 at about 8:15
AM, Appellant No. 3, namely Md. Ramjan, came at the door of
informant and started misbehaving with daughter of informant.
Upon protest, all these accused-appellants started abusing
informant and her family members by caste based slurs and
Appellant No. 3 assaulted on the head of informant with butt of
revolved. It is further alleged that thereafter, all the accused
persons assaulted informant with lathi and fist.
4. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. Appellants have falsely been
implicated in this case with ulterior motive. So far as Appellant
Nos. 1, 2 and 4 are concerned, there is general and omnibus
allegation of assault and abuse by caste name and no specific
accusation of overt act has been alleged against them. It is
further submitted that it is not the case of the prosecution that
any member of public was present at the place of occurrence
and as such, no case under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act is made out against these
Patna High Court CR. APP (SJ) No.327 of 2025(5) dt.16-04-2026
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appellants. Appellants claim clean antecedents.
5. Learned Spl. P.P. appearing for the respondent-State
and learned counsel appearing for the informant/Respondent
No. 2 have vehemently opposed the prayer for grant of bail to
the appellants and submitted that appellants are named in the
F.I.R. and there is specific accusation that they assaulted
informant, abused her with caste based slurs and also
misbehaved with daughter of informant. Appellant No. 3,
namely Md. Ramjan, assaulted on the head of informant with
butt of pistol and doctor has found the said injury grievous in
nature.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and nature of
injuries allegedly caused by Appellant No. 3, Appellant No. 3’s
prayer for grant of pre-arrest bail is rejected.
7. So far as Appellant Nos. 1, 2 and 4 are concerned,
considering the facts and circumstances of the case, general and
omnibus nature of accusation and clean antecedents of the
appellants, prayer for grant of pre-arrest bail to Appellant Nos.
1, 2 and 4 is allowed and the impugned order dated 05.12.2024
passed by the learned Special Judge, SC/ST (POA) Act,
Muzaffarpur in connection with A.B.P. No. 3322 of 2024 arising
Patna High Court CR. APP (SJ) No.327 of 2025(5) dt.16-04-2026
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out of Kanti P.S. Case No. 282 of 2024 is hereby set aside with
respect to Appellant Nos. 1, 2 and 4 only.
8. Accordingly, let the Appellant Nos. 1, 2 and 4,
named above, in the event of arrest/surrender within a period of
eight weeks from the date of receipt/production of a copy of this
order, be enlarged 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 Special Judge, SC/ST
(POA) Act, Muzaffarpur in connection with Kanti P.S. Case No.
282 of 2024.
9. With the aforesaid directions, this appeal stands
disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T
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