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Patna High Court

Rajan Kumar @ Ranjan Kumar @ RanjanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court upheld the lower court’s order rejecting anticipatory bail, finding the allegations of caste‑based assault and grievous injury sufficient to deny bail.

Summary

The informant alleged that his younger brother, a plumber, was assaulted and verbally abused with caste slurs by the appellants on 19-06-2025, sustaining grievous head injuries that required extensive medical treatment. The appellants sought anticipatory bail, which was denied by the Additional District and Sessions Judge‑cum‑Special Judge under the SC/ST Act, prompting an appeal. The appellants argued that the allegations were omnibus, they had no criminal antecedent, and there was a delay in lodging the FIR. The prosecution contended that the assault was brutal, caste‑based, and the injury was grievous as reflected in the FIR. The High Court, considering the seriousness of the caste‑based assault and the nature of the injuries, refused to grant bail and confirmed the lower court’s order. Consequently, the appeal was dismissed.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail in cases involving alleged caste‑based assault under the SC/ST Act?
  • Does the delay in lodging the FIR and the alleged lack of criminal antecedent of the appellants justify the grant of anticipatory bail?

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(2), 126(2), 3(5), 351, 352
  • SC/ST Act — s. 3(2)(va), 3(i)(r)(s)

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based assault
  • grievous injury
  • delay in FIR
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3343 of 2025
                       Arising Out of PS. Case No.-28 Year-2025 Thana- SC/ST District- Sheikhpura
                 ======================================================
           1.     Rajan Kumar @ Ranjan Kumar @ Ranjan Son of Gorelal Saw Resident of
                  Village - Lalbagh (Near D.M. School), Police Station - sheikhpura, District -
                  Sheikhpura.
           2.    Gorelal Saw Son of Late Ram Prawesh Saw Resident of Village - Lalbagh
                 (Near D.M. School), Police Station - sheikhpura, District - Sheikhpura.
           3.    Lallu Kumar @ Gaurav Kumar @ Lalu Kumar Son of Gorelal Saw Resident
                 of Village - Lalbagh (Near D.M. School), Police Station - sheikhpura,
                 District - Sheikhpura.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Anandi Paswan Son of Late Devnath Paswan Resident of Mohalla - Kamasi,
                 Ward No.- 6, Police Station - Sheikhpura, District - Sheikhpura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Ravi Kant, Adv.
                                                   Mr. Bipin Kumar, Adv.
                 For the Respondent/s     :        Ms. Usha Kumari 1, Spl.P.P.
                 For the informant        :        Mr. Shiv Nandan Prasad, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   23-02-2026                         Heard Mr. Ravi Kant, learned counsel for the

                   appellant and Mr. Shiv Nandan Prasad for the informant.

                                2. The present appeal has been preferred against the

                   order dated 01.08.2025 passed by Additional District and

                   Session Judge-1-cum-Special Judge (SC/ST) Act, Sheikhpura in

                   A.B.P. No. 456 of 2025 arising out of SC/ST Police Station Case

                   No. 28 of 2025 registered for the offences punishable under

                   Section 126(2), 115(2), 118(2), 109,, 352, 351, 3(5) of B.N.S. &

                   3(i)(r)(s),3(2) (va) of SC/ST Act whereby and whereunder the
Patna High Court CR. APP (SJ) No.3343 of 2025(4) dt.23-02-2026
                                             2/3




          learned Additional District & Sessions Judge-1-cum-Special

          Judge, SC/ST Act, Sheikhpura has pleased to reject the

          Anticipatory bail of the appellants which is pending in the Court

          learned Additional District & Sessions Judge-1st-cum-Special

          Judge, SC/ST Act, Sheikhpura.

                       3. As per the prosecution story, the informant alleged

          that his younger brother is a plumber and when he went on

          19.06.2025 to inspect the Murarpur Pump House and made an

          enquiry from the appellant no. 1, who is a pump operator.

          However, they found this to be offensive and along with others,

          assaulted after abuse by taking caste name causing injury on the

          head. He was referred to Sadar Hospital, Sheikhpura, then to

          Pawapuri Hospital, later, to the AIIMS and finally, was shifted

          to Om Patliputra Private Hospital, Patna where he was treated

          for a long time. This delayed lodging of the FIR.

                       4. Learned counsel for the appellants submit that

          omnibus allegation is there, the appellants do not have criminal

          antecedent and there is delay in lodging of the FIR.

                       5. Learned counsel for the informant on the other

          hand submits that all of them firstly abused and then brutally

          assaulted which reflects from the FIR itself. Further, he has

          taken this Court to the learned Sessions Judge to show that the
           Patna High Court CR. APP (SJ) No.3343 of 2025(4) dt.23-02-2026
                                                        3/3




                     injury caused, has been found to be grievous in nature.

                                  6. Considering the submissions of the parties as also

                     the injury that the informant’s brother sustained, in that

                     background, this Court is not inclined to extend them the

                     privilege of bail.

                                  7. Accordingly, the order dated 01.08.2025 passed by

                     the District and Addl. Sessions Judge 1st-cum-Special Judge of

                     SC/ST Act, Sheikhpura stands confirmed.

                                  8. Cr. APP (SJ) 3343 of 2025 is rejected.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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