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Patna High Court

Raphik AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                         3/3




                      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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