Patna High Court
Ramjatan Bind @ Ram Jatan JamadarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting bail subject to conditions.
Summary
The appellants, a group of nine individuals, were charged under multiple provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act for alleged caste-based assault during a marriage ceremony. The prosecution alleged that the accused used caste slurs, assaulted the complainant Ranju Devi, and caused serious injuries, while the defence argued lack of injury report, delay in filing the FIR, and absence of any caste name being used publicly. The trial court denied anticipatory bail, prompting the appellants to appeal. The Patna High Court examined whether the allegations satisfied the elements of offences under the SC/ST Act and considered the procedural aspects of bail. Finding the lower court’s rejection unjustified, the High Court set aside the order and granted anticipatory bail with a cash bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the allegations constitute an offence punishable under the SC/ST Act warranting denial of anticipatory bail.
- Whether the delay in lodging the FIR and lack of medical injury report affect the grant of anticipatory bail.
- Whether the trial court erred in rejecting the anticipatory bail application under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 118(2), 126(2), 303(2), 3(5), 351, 352, 76
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- SC/ST Act
- anticipatory bail
- Bharatiya Nyaya Sanhita
- caste-based violence
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3545 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- SC/ST District- Sheikhpura
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1. Ramjatan Bind @ Ram Jatan Jamadar Son of Piyarey Bind @ Pirarey
Jamadar @ Pyare Bind Resident of Village - Haiderchak Police Station -
Barbigha, District - Sheikhpura.
2. Mangal Bind Son of Piyarey Bind @ Pyare Bind Resident of Village -
Haiderchak Police Station - Barbigha, District - Sheikhpura.
3. Shankar Bind Son of Chanirak Bind @ Chandrika Jamadar Resident of
Village - Haiderchak Police Station - Barbigha, District - Sheikhpura.
4. Balram Bind @ Balram Kumar Son of Bhajju Bind @ Rambhajju Bind @
Bajju Bind Resident of Village - Haiderchak Police Station - Barbigha,
District - Sheikhpura.
5. Dharamver Bind @ Dharamver Kumar @ Dharmbir Kumar @ Dharmvir
Bind Son of Harihar Bind Resident of Village - Haiderchak Police Station -
Barbigha, District - Sheikhpura.
6. Lalan Bind @ Lalan Kumar Son of Paro Bind Resident of Village -
Haiderchak Police Station - Barbigha, District - Sheikhpura.
7. Chunchun Bind @ Chunchun Kumar Son of Ramjatan Bind Resident of
Village - Haiderchak Police Station - Barbigha, District - Sheikhpura.
8. Shravan Bind @ Shravan Kumar Son of Chhotelal Bind Resident of Village
- Haiderchak Police Station - Barbigha, District - Sheikhpura.
9. Birju Bind @ Birju Kumar Son of Suresh Bind @ Suresh Jamedar Resident
of Village - Haiderchak Police Station - Barbigha, District - Sheikhpura.
... ... Appellant/s
Versus
1. The State of Bihar
2. Lakshmi Devi Wife of Chandra Shekhar Paswan Resident of Village -
Haiderchak Police Station - Barbigha, District - Sheikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Nilendu Kumar Choudhary, Advocate.
For the Respondent/s : Mr.Sadanand Paswan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 09-02-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor for the State.
Patna High Court CR. APP (SJ) No.3545 of 2025(4) dt.09-02-2026
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2. The instant appeal has been filed by the appellants
against the order dated 26.07.2025 in A.B.P. No. 471 of 2025
passed by learned District and Additional Sessions Judge-1st-
cum-Special Judge, SC/ST Act, Sheikhpura whereby the prayer
for anticipatory bail of the appellants in connection with SC/ST
PS Case No. 22 of 2025 under Sections 126(2), 115(2), 117(2),
118(2), 76, 303(2), 352, 351 & 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 3(1)(r)(s) & 3(2)(va) of SC/ST Act
was rejected
3. Prosecution case, in short, is that, informant alleged
that during a marriage ceremony on 09.05.2025, accused
persons abused her and others by caste name, played vulgar
songs, and assaulted her husband and community members.
Ranju Devi and her son Rahul sustained serious injuries, while
she was also beaten, molested, and her mangalsutra snatched.
Around 17 accused persons were involved, threatening them not
to report the matter.
4. Learned counsel for the appellants submits that the
appellants are innocent and have falsely been implicated in the
present case. Learned counsel for the appellants submits that
allegedly appellants assaulted Ranju Devi, but her injury report
is not on record. There is delay of three days in lodging the FIR.
Patna High Court CR. APP (SJ) No.3545 of 2025(4) dt.09-02-2026
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There is case and counter case between the parties. Learned
counsel for the appellants further submits that the appellants
have not taken the caste name of the informant in public view.
Hence, no offence under the provisions of SC/ST Act is made
out against him. The appellants have no intention to disgrace the
image of the informant in public view. The appellants have no
criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellants.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 26.07.2025
passed in A.B.P. No. 471 of 2025 by learned District and
Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act,
Sheikhpura, in connection with SC/ST PS Case No. 22 of 2025,
is hereby set aside.
7. let the Appellants above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. APP (SJ) No.3545 of 2025(4) dt.09-02-2026
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of Court below/concerned Court in connection with SC/ST P.S.
Case No. 22 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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