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Patna High Court

Ramdhani Verma @ Ramdhani PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that the bar under Section 18 of the SC/ST Act does not apply and the appellants are entitled to pre‑arrest bail.

Summary

The appellants, members of the Verma family, were charged under the SC/ST (Prevention of Atrocities) Act and several provisions of the Bihar Negotiable Sale Act for allegedly slating and assaulting Mukesh Thakur on caste grounds. They contended that the dispute arose from a land conflict, resulting in a mutual free fight, and that no offence under the SC/ST Act was made out. The Additional District Judge denied their pre‑arrest bail application, prompting an appeal under Section 14(A)(2) of the SC/ST Act. The Patna High Court examined the FIR, the surrounding facts, and the applicability of Section 18 bar of the SC/ST Act, concluding that the bar was not attracted. Consequently, the court set aside the lower court’s order, directed the trial court to release the appellants on pre‑arrest bail upon furnishing the prescribed bond and sureties, and allowed the appeal.

Issues considered

  • Whether the allegations constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act, thereby attracting the bar under Section 18 of the Act.
  • Whether the trial court erred in refusing pre‑arrest bail to the appellants under the provisions of the Criminal Procedure Code and the Bihar Negotiable Sale Act.

Legislation cited

Subjects

  • SC/ST Act
  • pre‑arrest bail
  • Section 18 bar
  • land dispute
  • caste based offence
  • Criminal Procedure Code
  • Bihar Negotiable Sale Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3715 of 2025
                      Arising Out of PS. Case No.-249 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
           1.     Ramdhani Verma @ Ramdhani Prasad Son of Late Radhakishun Verma @
                  Radhakishun Verma @ Late Radhakrishn Prasad
           2.    Munna Verma Son of Nandkishore Verma
           3.    Sanjay Verma Son of Nandkishore Verma
           4.    Santosh Verma @ Mantosh Verma @ Mantosh Kumar Son of Nandkishore
                 Verma
           5.    Krishna Verma Son of Ramdhani Verma
           6.    Nanhe Verma @ Nanhe Kumar Verma Son of Ramdhani Verma
           7.    Nandkishore Verma @ Nand Kishore Prasad Son of Late Radhakishun
                 Verma @ Radhakishun Verma @ Late Radhakrishn Prasad
                 All are resident of Village - Sohanriya, P.S. - Kateya, District - Gopalganj.

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Lalan Ram Son of late Chandrabali Ram R/o Village - Koreya Mahuai, P.S.-
                 Bhore, Dist. - Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Md Danish Quamar, Advocate
                                                  Mr. Madiha Moneer, Advocate
                 For the Respondent/s    :        Mr.Binay Krishna, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   16-04-2026                     Heard learned counsel for the appellant and learned

                   Spl. PP for the State.

                                2. The appellants have preferred the appeal under

                   Section 14(A)(2) of the SC/ST Act against the rejection of

                   prayer for pre-arrest bail vide order dated 25.07.2025 passed by

                   learned Addl. District Judge-II- cum Special Judge, SC/ST Act,

                   Gopalganj in connection with Kateya P.S. Case No. 249 of 2025
Patna High Court CR. APP (SJ) No.3715 of 2025(4) dt.16-04-2026
                                             2/4




          registered under Sections 126(2),115(2),303(2),351(2),352,3(5),

          of the BNS and Section 3(1)(r)/3(1)(s),3(2)(va) of the SC/ST

          Act.

                       3. As per the allegation made in the F.I.R., the

          appellants are said to have slated one Mukesh Thakur in the

          name of his caste and also assaulted him and the informant,

          causing injuries.

                       4. Learned counsel appearing on behalf of the

          appellants submitted that the appellants are innocent and have

          falsely been implicated in the present case.           There is case and

          counter case between the parties arising out of same incidence

          and due to land dispute, an altercation took place and both the

          sides entered into free fight in which, both the sides sustained

          injuries. Learned counsel further contended that, while seeking

          pre-arrest bail before the learned District Court, it was

          specifically argued that the allegations made in the FIR do not

          constitute any offence under the SC/ST Act, and that the

          relevant provisions of the said Act were subsequently removed

          by the police while issuing notice under Section 35(3) of BNSS,

          however, the learned District Court, without appreciating the

          facts of the case in their proper perspective, the nature of the

          allegations against the appellants, and the legal principles
Patna High Court CR. APP (SJ) No.3715 of 2025(4) dt.16-04-2026
                                             3/4




          governing grant of bail, rejected the appellants’ prayer for pre-

          arrest bail. Learned District Court failed to appreciate that no

          offence under SC/ST Act is made out against the appellants

          rather the present case has been lodged by misusing the

          provision of the SC/ST Act to provide shield to the misdeed of

          the informant’s side.

                       5. Per contra,          learned Spl.PP for the State has

          opposed the prayer for grant of bail to the appellant.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR and the fact that the there is case and counter case

          between the parties arising out of same incidence and due to

          land dispute, an altercation took place and both the sides entered

          into free fight in which, both the sides sustained injuries. In such

          circumstances, the impugned order dated 25.07.2025 is quashed

          and set-aside as the bar under Section 18 of the SC/ST Act is not

          attracted.

                         7. The Trial Court is directed to released the

          appellants on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of

          four weeks, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) each with two sureties of the like amount each to the
           Patna High Court CR. APP (SJ) No.3715 of 2025(4) dt.16-04-2026
                                                        4/4




                     satisfaction of the learned District Court where the case is

                     pending in connection with Kateya P.S. Case No. 249 of 2025,

                     subject to the condition as laid down under Section 438 (2) of

                     the Cr.P.C / 482 (2) of the BNSS.

                                  8. Accordingly, the appeal is allowed.



                                                (Purnendu Singh, J)
Sanjay/-

U      T


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