Patna High Court
Ramashankar Pandit @ Rama Shankar Prajapati@ Ramasankar PanditversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The appeal is allowed and anticipatory bail is granted to Ramashankar Pandit, Deepak Kumar and Meena Devi with conditions, setting aside the order of the Special Judge.
Summary
The informant lodged an FIR alleging that on 5-6 May 2025 the appellants assaulted him, stole a gold chain and cash, and used caste-based slurs. The Special Judge under the SC/ST (POA) Act rejected the appellants' prayer for anticipatory bail. The appellants appealed, with Dharmendra Kumar later withdrawing his bail application. The High Court noted that the principal allegations were against Ravi Ranjan Kumar, who was not before the court, and that the remaining appellants had no prior criminal record. Consequently, the court set aside the impugned order, allowed the appeal, and granted anticipatory bail to Ramashankar Pandit, Deepak Kumar and Meena Devi subject to strict conditions.
Issues considered
- Whether the order rejecting anticipatory bail under the SC/ST (POA) Act should be set aside.
- Whether anticipatory bail can be granted to the appellants despite the allegations of assault and caste-based offences.
- Whether conditions may be imposed on the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 115(2), 126(2), 303(2), 3(1), 329(3), 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Subjects
- anticipatory bail
- SC/ST (POA) Act
- assault
- caste-based offence
- bail conditions
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3411 of 2025
Arising Out of PS. Case No.-307 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
1. Ramashankar Pandit @ Rama Shankar Prajapati@ Ramasankar Pandit Son
of Misri Pandit Resident of Village- Sahejani Tola Po -Ghosia Tola PS-
Bikramganj Rohtas District -Rohtas Bihar 802212
2. Dharmendra Kumar son of Rama Shankar Prajapati @ Rama Shankar Pandit
Resident of Village- Sahejani Tola Po -Ghosia Tola PS- Bikramganj Rohtas
District -Rohtas Bihar 802212
3. Deepak Kumar son of Rama shankar Prajapati @ Rama Shankar Pandit
Resident of Village- Sahejani Tola Po -Ghosia Tola PS- Bikramganj Rohtas
District -Rohtas Bihar 802212
4. Meena Devi Wife of Rama Shankar Pandit @ Rama Shankar Prajapati
Resident of Village- Sahejani Tola Po -Ghosia Tola PS- Bikramganj Rohtas
District -Rohtas Bihar 802212
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajesh Kumar Son of Ramakant Paswan Resident of Village- Sahejani Tola
Po -Ghosia Tola PS- Bikramganj Rohtas District -Rohtas Bihar 802212
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Neeraj Kumar, Adv.
For the Respondent/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 23-02-2026 Heard Mr. Prakash Kumar, learned counsel for the
appellants and Mr. Abhishek Singh Rathore for the informant
besides learned Spl. P.P.
2. The present appeal has been filed against the order
dated 30-07-2025 passed in Bikramganj case no. 307/2025
dated 06-05-2025 for the offence registered under sections
329(3), 126(2), 115(2), 303(2), 352, 351(2), 3(5) BNS and 3(ⅰ)
Patna High Court CR. APP (SJ) No.3411 of 2025(4) dt.23-02-2026
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(r) SC/ST(POA) pending in the court of Additional District
Judge XVII -cum- Special Judge Under SC/ST (POA) ACT,
Rohtas At Sasaram whereby the prayer for anticipatory bail of
the appellants have been rejected.
3. At the outset, learned counsel for the appellants
submit that so far as the appellant no. 2, Dharmendra Kumar is
concerned, he may be permitted to withdraw the prayer relating
to his bail.
4. Accordingly, the appeal against Dharmendra Kumar
stands dismissed as withdrawn.
5. As per the FIR, the informant alleged that earlier on
05.05.2025, he was assaulted by the accused persons and on the
subsequent day (06.05.2025), they again came to the door of the
informant and Ravi Ranjan Kumar started assaulting. This
followed Dharmendra Kumar assaulting on the head but as he
tried to save himself, his eye was injured. Deepak Kumar took
gold chain while the younger brother of Ravi Ranjan Kumar
took away cash amount. They also abused taking caste name.
This followed the FIR.
6. Learned counsel for the appellant submits that save
and except specific allegation against Dharmendra Kumar of
assault which also reflects in the injury report. Omnibus
Patna High Court CR. APP (SJ) No.3411 of 2025(4) dt.23-02-2026
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allegation is there, though assault theory is there in Ravi Ranjan
Kumar, he is not before this Court. The submission is that the
entire family members including the mother, father and the
younger brother have been implicated in this case.
7. Learned counsel for the informant on the other
hand opposes the prayer submitting that caste name was taken
and though allegation of assault is on Ravi Ranjan Kumar and
Dharmendra Kumar, others also participated.
8. Considering the submissions of the parties as also
that allegation is mainly against Ravi Ranjan Kumar and
Dharmendra Kumar. While Ravi Ranjan Kumar is not before
this Court, the prayer for Dharmendra Kumar has already been
withdrawn, none of the appellants have criminal antecedent, in
that background, this Court is inclined to extend appellant nos.
1, 3 and 4 (Ramashankar Pandit, Deepak Kumar and Meena
Devi respectively) the anticipatory bail with conditions.
9. The impugned order dated 30.07.2025 passed in
Bikramganj case no. 307/2025 by Additional District Judge
XVII -cum- Special Judge Under SC/ST (POA) ACT, Rohtas At
Sasaram stands set aside and the appeal is allowed.
10. Let the appellant nos. 1, 3 and 4 (Ramashankar
Pandit, Deepak Kumar and Meena Devi respectively), named
Patna High Court CR. APP (SJ) No.3411 of 2025(4) dt.23-02-2026
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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 the learned Additional District
Judge XVII -cum- Special Judge Under SC/ST (POA) ACT,
Rohtas At Sasaram in connection with Bikramganj case no.
307/2025.
(i) one of the bailor should be the family
members/relatives of the appellant nos. 1, 3 and 4
(Ramashankar Pandit, Deepak Kumar and Meena Devi
respectively), who shall provide official document (Aadhar
Card, PAN Card, Driving License, Voter ID) to show their bona
fide;
(ii) the appellant nos. 1, 3 and 4 (Ramashankar Pandit,
Deepak Kumar and Meena Devi respectively) shall appear on
each and every date before the Trial court and failure to do so
for two consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial court itself;
(iii) the appellant nos. 1, 3 and 4 (Ramashankar
Pandit, Deepak Kumar and Meena Devi respectively) shall in no
way try to induce or promise or threat the witnesses or tamper
Patna High Court CR. APP (SJ) No.3411 of 2025(4) dt.23-02-2026
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with the evidences, failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the appellant nos. 1, 3 and 4 (Ramashankar
Pandit, Deepak Kumar and Meena Devi respectively) shall
desist from committing any criminal offence again failing which
the State shall be at liberty to take steps for cancellation of the
bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U
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