Patna High Court
Raphik AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The High Court set aside the lower court’s refusal of bail and granted bail to the appellant.
Summary
The appellant, Raphik Ansari, was charged under several provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for alleged assault and related offences in a case registered as Kateya P.S. Case No. 209 of 2025. The trial court refused bail on 25‑07‑2025. On appeal, counsel argued that the only allegation against the appellant was that he had caught the informant, while the assault was attributed to other accused, and that a co‑accused, Salman Ansari, had been granted bail in a similar case (Cr. Appeal (SJ) No. 3484 of 2025). The appellant also highlighted his clean antecedents and that he had been in judicial custody since 21‑04‑2025. The Special Public Prosecutor opposed bail. The Patna High Court set aside the trial court’s order, granted bail on a bond of Rs 10,000 with two sureties, and allowed the appeal.
Issues considered
- Whether bail should be granted to the appellant under the SC/ST Act pending trial
- Whether the trial court’s refusal of bail was justified in view of the nature of the allegations and the bail granted to a similarly situated co‑accused
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- bail
- SC/ST Act
- scheduled caste
- scheduled tribe
- criminal procedure
- Bharatiya Nyaya Sanhita
- appeal
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3558 of 2025
Arising Out of PS. Case No.-209 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Raphik Ansari Son of Bhola Ansari @ Molajim Ansari Resident of Village
-Mujha PS -Kateya, Dist- Gopalganj
... ... Appellant/s
Versus
1. The State of Bihar
2. Dharmendra Kumar Son of Sanu Gond Resident of Village -Mujha PS
-Kateya, Dist- Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Saurabh Kumar, Advocate
Mr. Shashwat Sahil Singh, Advocate
Ms. Anya Gupta, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant and learned
Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for bail vide order dated 25.07.2025 passed by the
learned 1st Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, Gopalganj in connection with Kateya P.S.
Case No. 209 of 2025 registered for the offences punishable
under Sections 191(2), 191(3), 190, 126(2), 118(1), 115(2),
103(1) & 109 of the Bharatiya Nyaya Sanhita and under
Sections 3(1)(r)(s)(w) and 3(2)(va) of the SC/ST Act.
3. The case of the complainant, in short, is that the
Patna High Court CR. APP (SJ) No.3558 of 2025(3) dt.22-01-2026
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appellant and one Salman Ansari caught hold of the deceased
whereas there is allegation against others of assault with knife
and bhala to the complainant.
4. Learned counsel for the appellant submits that only
allegation against the appellant and co-accused Salman is that
they have caught the informant whereas allegation of assault is
against others. It has further been submitted by the learned
counsel for the appellant that similarly situated co-accused
Salman Ansari has been granted privilege of bail by the learned
Co-ordinate Bench vide Cr. Appeal (SJ) No. 3484 of 2025. The
case of this petitioner stands on similar footing. Learned counsel
for the appellant has lastly submitted that the appellant is having
clean antecedent and is in judicial custody since 21.04.2025.
5. Learned Special Public Prosecutor for the State has
vehemently opposed the bail to the appellant.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 25.07.2025 passed by
the learned 1st Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, Gopalganj in connection with Kateya P.S.
Case No. 209 of 2025 is hereby set aside and the appellant
above-named, be released on bail on furnishing bail bonds of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. APP (SJ) No.3558 of 2025(3) dt.22-01-2026
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like amount each to the satisfaction of the learned court of 1 st
Additional Sessions Judge-cum-Special Judge(SC/ST),
Gopalganj in connection with Kateya P.S. Case No. 209 of
2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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