Created by Fuzzy Cloud

Patna High Court

Dipu Kumar Ray @ Dipu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the refusal of anticipatory bail and granted it, holding that the allegations were not specific enough to deny bail.

Summary

The appellants, three brothers, were charged under several sections of the Bihar Negotiable Instruments Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged caste-based abuse, assault with a rod and a sharp weapon, and other offences. The Special Judge had refused anticipatory bail, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The appellants argued they have clean antecedents, the allegations are vague, the injury is simple, and they were falsely implicated; the State opposed bail but also noted the injury was minor. The High Court, after considering the submissions, held that the allegations were not specific enough to deny bail and that the simple nature of the injury did not warrant denial. Consequently, the court set aside the lower court’s order, granted anticipatory bail with conditions under Sections 438(2) and 482(2) of the Cr.P.C., and allowed the appeal.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 14‑A(2) of the SC/ST Act given the nature of the allegations?
  • Whether the allegations of caste‑based abuse and assault are sufficiently specific to justify denial of bail
  • Whether the simplicity of the alleged injury impacts the decision on anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • specificity of allegations
  • bail conditions
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3423 of 2025
                      Arising Out of PS. Case No.-244 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
           1.     Dipu Kumar Ray @ Dipu Yadav, Son of Mukun Ray @ Vakil Yadav,
                  Resident of Village- Majhauli, P.S.- Baniyapur, District- Saran
           2.    Ravi Kumar Ray @ Ravi Kumar, son of Ramjeet Ray, Resident of Village-
                 Majhauli, P.S.- Baniyapur, District- Saran
           3.    Raushan Kumar Ray @ Raushan Kumar, son of Ramjeet Ray, Resident of
                 Village- Majhauli, P.S.- Baniyapur, District- Saran

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Pramila Devi, Wife of Chandan Ram, Resident of Village- Majhauli, P.S.-
                 Baniyapur, District- Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Krishna Kant Singh, Advocate
                 For the Respondent/s   :        Mrs. Usha Kumari 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   29-04-2026                 Heard learned counsel for the appellants and learned

                   Special Public Prosecutor for the State.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 23.07.2025 in A.B.P. No. 2656 of 2025 passed by

                   the learned SC/ST Exclusive Special Judge, (POA) Act, Chapra,

                   Saran in connection with Baniyapur P.S. Case No. 244 of 2025

                   registered under Sections 127(1), 115(2), 118(1), 117(2), 109,
Patna High Court CR. APP (SJ) No.3423 of 2025(5) dt.29-04-2026
                                             2/4




          75, 351(2), 352, 3(5) of the BNS as well as Sections 3(i)(r)(s), 3

          (2)(va) of the SC/ST Act.

                       3. Learned S.P.P. for the State, at the outset, submits

          that in compliance of the order dated 17.11.2025, the concerned

          Superintendent of Police was informed about the pendency of

          the appeal and was requested to inform the informant about the

          case so that he appears on the next date fixed i.e. 11.12.2025. It

          is next submitted that despite the informant being aware of the

          pendency of the appeal, chooses not to appear and contest.

                       4. The learned counsel for the appellants submits that

          the appellants are person with clean antecedent and the

          informant alleges that she along with her mother-in-law and

          daughter were going to attend the function when appellants in

          front of her house abused by taking caste name and acted

          inappropriately with her daughter, on protest assaulted by rod

          causing injury on her head and also assaulted Laxman Ram by

          sharp weapon causing injury on head.

                       5. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is further submitted that as far as allegation of

          abuse is alleged the same was not in public view and it does not

          appear probable that all accused in one go would have abused
Patna High Court CR. APP (SJ) No.3423 of 2025(5) dt.29-04-2026
                                             3/4




          the informant by taking caste name. It is next submitted that as

          far as the allegation of assault is alleged the same is also not

          specific and the injury has been opined to be simple in nature

          and allegation of acting inappropriately with her daughter is

          ornamental. It is further submitted that these are the reasons

          perhaps the informant despite receiving notice chooses not to

          appear and contest.

                       6. Learned Special Public Prosecutor for the State

          opposes the prayer for anticipatory bail of the appellants but

          then fairly submits that after perusing the case diary that injury

          is simple and not in a position to rebut the submission of the

          learned counsel appearing on behalf of the appellants that

          allegation of assault is not specific.

                       7. Considering the submissions made by the learned

          counsel appearing on behalf of the appellants, let the appellants,

          above-named, in the event of their arrest or surrender within a

          period of six weeks from the date of receipt of the order, be

          released on anticipatory bail on furnishing bail bonds of

          Rs.5,000/- (Rupees Five Thousand) each with two sureties of

          the like amount each to the satisfaction of the learned Trial

          Court where the case is pending in connection with the aforesaid

          case, subject to the conditions as laid down under Section
            Patna High Court CR. APP (SJ) No.3423 of 2025(5) dt.29-04-2026
                                                         4/4




                      438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                   8. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                                 (Satyavrat Verma, J)
khushbu/-

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.