Patna High Court
Arjun RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The appellate court set aside the order rejecting anticipatory bail and allowed the appeal, granting anticipatory bail subject to conditions.
Summary
The appellants, including Arjun Rai and his relatives, were accused of caste‑based assault, robbery and murder‑related offences under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act, 1989. The Special Judge had rejected their anticipatory bail application. On appeal, the High Court noted that the informant had a history of filing false cases, no injury report was produced, and the FIR did not establish the presence of the public at the alleged incident. Considering the clean criminal records of the appellants and the lack of substantive evidence, the Court set aside the lower court’s order and granted anticipatory bail with strict conditions. The bail order is subject to verification of antecedents and compliance with conditions under Sections 438(2) of the CrPC and 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to accused under the SC/ST (Prevention of Atrocities) Act when the allegations lack corroborative evidence.
- Whether the informant’s prior false complaints affect the bail decision.
- Whether the absence of an injury report and proof of public presence are material for bail under the SC/ST Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118, 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- false allegations
- caste‑based violence
- bail conditions
- criminal antecedent
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3517 of 2025
Arising Out of PS. Case No.-732 Year-2024 Thana- DARIYAPUR District- Saran
======================================================
1. Arjun Rai, S/O Late Bhagwan Rai R/o village- Harpur, P.s.- Dariyapur,
District- Saran
2. Kabutari Devi, W/O Arjun Rai R/o village - Harpur, P.s.- Dariyapur,
District- Saran
3. Pawan Kumar, S/O Arjun Rai R/o village - Harpur, P.s.- Dariyapur, District-
Saran
4. Shambhu Rai, S/O late Kuldeep Rai R/o village - Harpur, P.s.- Dariyapur,
District- Saran
5. Nitish Kumar @ Nitish @ Sanu Kumar @ Ranu Kumar, S/O Shambhu Rai
R/o village - Harpur, P.s.- Dariyapur, District- Saran
6. Brajesh Kumar @ Brajes Kumar, S/O Shambhu Rai R/o village - Harpur,
P.s.- Dariyapur, District- Saran
... ... Appellant/s
Versus
1. The State of Bihar
2. Shashikant Kumar, S/O Shashibhushan Ram R/o village - Harpur, P.s.-
Dariyapur, District- Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravi Prakash, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. PP
For the Respondent No.2: Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 20-05-2026 Heard learned counsel for the appellants, learned
counsel and learned Special Public Prosecutor for the State
through virtual mode.
2. This is an appeal under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.3517 of 2025(5) dt.20-05-2026
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Atrocities) Act, 1989 against the rejection of prayer for
anticipatory bail vide order dated 09.05.2025 passed by the
learned SC/ST Exclusive Special Judge, Saran at Chapra, in A.B.A. No.
1385 of 2025 in connection with Dariyapur P.S. Case No.732 of
2024 registered for the offence/s punishable under Sections
126(2), 115(2), 118, 303(2), 352, 351(2), 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and under Section 3(1)(r)(s)/3(2)(va) of the
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Act, 1989.
3. As per the prosecution case, the informant has
alleged that he had gone to the shop and at the same time, the
named accused persons, including the appellants, were present
at the shop and thereafter, they all started abusing him using
their caste name and all of them started assaulting the informant
with sticks, rods and weapons with an intention to kill him. It is
alleged that appellant Arjun Rai has assaulted with an iron rod
on the left hand and all the accused persons started assaulting
the informant with kicks and punches. It is also alleged that they
even looted the shop and taken away Rs.10,000/- from the
locker.
4. Learned counsel for the appellants submits that the
entire family of the appellants has been implicated in a false and
Patna High Court CR. APP (SJ) No.3517 of 2025(5) dt.20-05-2026
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concocted case. It has further been submitted that it was on
account of same persons dispute that the present case has been
lodged and the entire story is concocted and no such occurrence
as alleged had occurred. It has been pointed out that the
informant and the other family members are in a habit of
lodging false cases against the villagers and three such cases
have been brought on record, wherein one Dariyapur P.S. Case
No. 833 of 2023 was lodged by the mother of the present
informant for the offences under the SC/ST Act and one case
was lodged by one Ramesh Ram at the instance of the
informant, being Dariyapur P.S. Case No.681 of 2024 again for
the offences under the SC/ST Act and also one case was filed by
Ramesh Ram against one Vishal Kumar for the offences under
the SC/ST Act, being Dariyapur P.S. Case No.73 of 2024 and
moreover, one case was lodged by one Lalan Kumar, being
Dariyapur P.S. Case No.628 of 2023 for the offences alleged
under the SC/ST Act. It has, thus, been submitted that informant
is in a habit of misusing the provisions of the SC/ST Act and
lodging false and concocted case and such fact has been
corroborated by the fact that no injury report has been brought
on record to show that the informant and others had received
any injury. It has lastly been submitted that even from the
Patna High Court CR. APP (SJ) No.3517 of 2025(5) dt.20-05-2026
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averments made in the FIR, it is not clear as to whether the shop
was in the market or was at any house and whether the said
occurrence had occurred in presence of public.
5. Learned counsel for the respondent no.2 as well as
learned Spl. P.P. for the State have vehemently opposed the
anticipatory bail application of the appellants and have stated
that there is a specific allegation against the appellants of
abusing the informant by taking his caste name and therefore,
they should not be released on bail. It has further been submitted
that there is a specific allegation of assault on the appellants.
6. In view of the aforesaid facts and circumstances of
the case and taking into account of the fact that the presence of
the appellants at the shop in the presence of the public is not
being satisfied from the perusal of the FIR and moreover from
the conduct of the informant, it seems that several other cases of
a similar nature have been filed against other persons and taking
into account the fact that the appellants have clean criminal
antecedents, the impugned order dated 09.05.2025 passed by the
learned SC/ST Exclusive Special Judge, Saran at Chapra, in A.B.A. No.
1385 of 2025 in connection with Dariyapur P.S. Case No.732 of
2024, is set aside against the appellant.
7. The criminal appeal is allowed.
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8. Considering the aforesaid submission, facts and
circumstances of the case, let the appellant above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Dariyapur P.S. Case
No.732 of 2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the appellants shall be their
close relative and the other shall be the local
resident.
(ii) The appellants shall in no manner threaten or
try to contact or influence the informant.
(iii) The learned Court below shall verify the
criminal antecedent of the appellants and in case at
any stage it is found that the appellants have
concealed their criminal antecedent, the court
below shall take step for cancellation of bail bond
of the appellants. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
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9. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/ayushkr-
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