Patna High Court
Rajesh Bind @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The High Court set aside the order rejecting anticipatory bail and granted anticipatory bail to the appellant with conditions.
Summary
The appellant, Rajesh Bind, was charged under several sections of the Bihar Non‑tribal (BNS) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault on Dinesh Bind. He applied for anticipatory bail, which was rejected by the Special Court, SC/ST Rohtas. On appeal, the High Court noted that the alleged assault was simple, there was no evidence of public caste‑based abuse, and co‑accused had already been granted relief in a related appeal. Since the investigation was still pending and no charge‑sheet had been filed, the court found no ground to deny bail. Consequently, the order refusing anticipatory bail was set aside and the appellant was granted anticipatory bail subject to strict conditions.
Issues considered
- Whether the alleged assault constitutes a public caste‑based offence attracting the SC/ST Act.
- Whether anticipatory bail can be granted when the investigation is ongoing and no charge‑sheet has been filed.
- Whether the appellant’s inclusion in the FIR is justified given the nature of the alleged injury.
Legislation cited
- Bihar Non‑tribal (BNS) Act — s. 109, 115(2), 126(2), 132, 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- public abuse
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3449 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- BADDI District- Rohtas
======================================================
Rajesh Bind @ Rajesh Kumar S/o Sudama Bind @ Sudama Vind R/o Village-
Baddi, PS- Baddi, Dist- Rohtas
... ... Appellant/s
Versus
1. The State of Bihar
2. Ram Kripal Paswan S/o Late Ghurphekan Paswan R/o Village- Khudiya,
PS- Baddi, Dist- Rohtas
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajani Kant Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
For the Resp No. 2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the appellant and the State.
2. There is no appearance on behalf of the respondent
no. 2 though after issuance of notice, name of Mr. Satish Kumar
Sinha and Ms. Moni Kumari are on record.
3. This appeal has been filed for setting aside the order
dated 31.07.2025 passed by learned Special Court, SC/ST Rohtas
at Sasaram in connection with Baddi P.S. Case No. 77 of 2025
registered for the offence punishable under sections 126(2),
115(2), 132, 109, 352, 351(2) and 3(5) of the BNS and Sections
3(i)(r)(s) of the SC/ST Act whereby the prayer for anticipatory
bail of the appellant has been rejected.
4. As per the prosecution story, the informant alleged
Patna High Court CR. APP (SJ) No.3449 of 2025(3) dt.23-02-2026
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that on the allegation that during the course of collection of
information when he reached near the house of Dinesh Bind,
taking caste name, Dinesh Bind gave iron rod blow on the head
which actually hit the shoulder. Further, Rajesh Bind (appellant
herein) and Raju Bind gave blow on the back of the body.
Thereafter, locals arrived and took the injured to the Police
station and then to the Hospital. This led to the FIR.
5. Learned counsel for the appellant submits that only
to exaggerate the FIR, the appellant has been incorporated, no
abuse has been taken before the public view. Though allegation
of assault is there, with the help of paragraph-11 of the petition,
he submits that the injury has been found to be simple in nature.
The further submission is that Dinesh Bind and Raju Bind have
been extended relief in Cr. Appeal (SJ) No. 3151 of 2025 on
20.11.2025 by a Coordinate Bench. The last submission is that
the investigation is on and no charge-sheet submitted /cognizance
taken.
6. Let the order dated 20.11.2025 be kept on record.
7. Learned Spl.P.P. opposes the prayer submitting that
allegation of assault amongst other is against this appellant.
8. Considering the aforesaid submissions of the parties
as also that there is nothing on record to show that the abuse took
place in public view warranting inclusion of the SC/ST Act,
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though allegation of assault is there, it has been found to be
simple in nature and the other co-accused persons have been
extended relief, as recorded above, in that background, this Court
is inclined to extend the privilege of anticipatory bail to the
appellant.
9. The impugned order dated 31.07.2025 passed by
learned Special Court, SC/ST Rohtas at Sasaram in connection
with Baddi P.S. Case No. 77 of 2025 stands set aside and the
appeal is allowed.
10. Let the appellants, 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 the
learned Special Court, SC/ST Rohtas at Sasaram in connection
with Baddi P.S. Case No. 77 of 2025 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the appellant who shall provide official
document to show his/her bona fide;
(ii) the appellant shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iii) the appellant shall appear on each and every date
Patna High Court CR. APP (SJ) No.3449 of 2025(3) dt.23-02-2026
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before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iv) the appellant shall appear before the concerned
police station every month for six months to mark his attendance
and after the end of the period, the certificate shall be submitted
before the Trial Court failing which steps shall be taken for the
cancellation of the bail bonds;
(v) the appellant shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the appellant shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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