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Patna High Court

K. D. Verma @ Ranjeet KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the appellant, being prima facie part of the armed mob and implicated in a caste‑based atrocity, is not eligible for anticipatory bail.

Summary

K.D. Verma appealed to the Patna High Court under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, seeking anticipatory bail after a trial court refused it. The FIR alleges that Verma was one of eighteen accused who, armed with firearms, entered the informant’s house and murdered her daughter and nephew, an incident said to stem from inter‑community rivalry. The defence argued that Verma’s role was not specifically linked to the fatal injuries and that the alleged caste abuse was not made in public, relying on the Supreme Court’s decision in Hitesh Verma v. State of Uttarakhand. The State contended that the offence qualified as a caste‑based atrocity under the Act, that the informant eyewitness identified Verma as armed, and that similar co‑accused had been denied bail in earlier cases. The court held that, on a prima‑facie basis, Verma was part of the armed mob and the allegations fell within the ambit of the SC/ST Act, and therefore his anticipatory bail could not be granted. The appeal was dismissed.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the facts alleged constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act.
  • Whether the appellant’s alleged participation in an armed mob justifies denial of bail.
  • Whether the precedent set in Hitesh Verma v. State of Uttarakhand is applicable to the present facts.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST (Prevention of Atrocities) Act
  • caste atrocity
  • murder
  • armed mob
  • bail denial
  • scheduled caste

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.3808 of 2025
                    Arising Out of PS. Case No.-294 Year-2025 Thana- DEEPNAGAR District- Nalanda
                 ======================================================
                 K. D. Verma @ Ranjeet Kumar Son of Suresh Mahto Resident of
                 Village - Dumrawa, Police Station - Deep Nagar, District - Nalanda.
                                                                                 ... ... Appellant
                                                      Versus
           1.    The State of Bihar
           2.    Sushila Devi Wife of Om Prakash Paswan Resident of Village -
                 Dumrawa, Police Station - Deep Nagar, District - Nalanda.
                                                                    ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant        :      Mr.Krishna Pd. Singh, Sr. Advocate
                                                 Mr.Tej Narayan Singh, Advocate
                 For the State            :      Mrs.Usha Kumari 1, Spl.PP
                 For the Informant        :      Mr. Rajesh Kumar Chaudhary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   24-02-2026                 Heard Mr. Krishna Prasad Singh, learned senior

                   counsel appearing on behalf of the appellant and learned

                   Spl.PP for the State duly assisted by Mr. Rajesh Kumar

                   Chaudhary, learned counsel for the informant/respondent no.

                   2.

                               2. The appellant has preferred the present appeal

                   under Section 14A(2) of the Scheduled Castes and Scheduled

                   Tribes (Prevention of Atrocities) Act, 1989 (hereinafter

                   referred to as “the Act”) against the refusal of prayer for

                   anticipatory bail vide order dated 27.08.2025 passed in
Patna High Court CR. APP (SJ) No.3808 of 2025(4) dt.24-02-2026
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          A.B.P. No. 1633/2025 by the learned Additional Sessions

          Judge – VI – cum – Special Judge, SC/ST (POA) Act,

          Biharsharif, Nalanda in connection with Deep Nagar P.S. Case

          No. 294 of 2025 registered for the offences punishable under

          Sections 191(2), 191(3), 190, 126(2), 103(i), 61(2) of the

          Bhartiya Nyay Sanhita, 2023 (in short the “B.N.S.”); Section

          25(1-b)a/26/35 of the Arms Act and section 3(1)(r)(s), 3(2)

          (va) of SC/ST (POA) Act.

                       3. As per FIR, eighteen (18) co-accused persons

          including the appellant alongwith some other unknown

          accused persons, each equipped with fire-arms/weapons

          trespassed to the house of the informant and committed

          murder of her daughter and nephew. Occurrence is alleged to

          be arising out of previous enmity surfaced due to quarrel

          amongst children of both communities.

                       4. Mr. Krishna Prasad Singh, learned senior counsel,

          while arguing on behalf of the appellant, submitted that

          appellant was the part of mob, where specific allegation to

          cause fatal fire-arm injury is available against co-accused

          Kaushal Kumar @ Kaliya and Prashant Kumar.
Patna High Court CR. APP (SJ) No.3808 of 2025(4) dt.24-02-2026
                                             3/5




                       5. It is submitted by Mr. Singh that appellant

          implicated with this case out of community rivalry with the aid

          of section 190 of the B.N.S.S.

                       6. Arguing further, Mr. Singh submitted that

          allegation of abuse by taking caste name also not appears in

          public place. Mr. Singh relied upon the legal report of Hon’ble

          Supreme Court as available through Hitesh Verma Vs.

          State of Uttarakhand reported in (2020) 10 SCC 710.

                       7. Learned Special P.P. for the State duly assisted

          by Mr. Rajesh Kumar Chaudhary, learned counsel for the

          informant, while opposing the prayer of anticipatory bail of

          the appellant, submitted that it is a case of double murder

          where after criminal trespass, eighteen (18) accused persons

          including this appellant, who was also equipped with fire-

          arms, committed the murder of nephew and daughter of the

          informant.

                       8. It is submitted that informant is the eye witness

          of the occurrence and she categorically alleged that this

          appellant was also equipped with arms alongwith others,

          though he fairly submitted that allegation as to cause fatal
Patna High Court CR. APP (SJ) No.3808 of 2025(4) dt.24-02-2026
                                             4/5




          fire-arm injury is available against Kaushal Kumar @ Kaliya

          and Prashant Kumar.

                       9. It is also submitted that occurrence took place

          due to atrocities as defined with the meaning of the Act as the

          family of informant was the member of scheduled castes

          community. It is submitted that caste name abuse was made

          in public view.

                       10. It is further argued that even the regular bail of

          similar situated co-accused persons has been rejected by

          different learned coordinate Benches of this Court through Cr.

          Appeal (SJ) No. 4102 of 2025 dated 22.01.2026; Cr. Appeal

          (SJ) No.3746 of 2025 dated 20.11.2025; Cr. Appeal (SJ)

          No.4121 of 2025 dated 29.01.2026; Cr. Appeal (SJ)

          No.4046 of 2025 dated 22.01.2026; and, therefore, as a

          matter of judicial parity, the anticipatory bail of the appellant

          be rejected.

                       11. It is pointed out that during course of

          investigation, different prosecution witnesses also supported

          the involvement of the appellant in the alleged occurrence and

          in support of this submission, learned counsel for the
           Patna High Court CR. APP (SJ) No.3808 of 2025(4) dt.24-02-2026
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                     informant drawn attention of this Court towards paragraph

                     nos. 65, 66 & 67 of the case diary.

                                  12. In view of aforesaid factual submission and by

                     taking note of the fact as prima-facie appellant, being a part

                     of the mob, appears actively involved in the occurrence and

                     further alleged to be equipped with weapon, as per FIR,

                     where informant is the eye witness of the occurrence,

                     accordingly, prayer of anticipatory bail of the appellant stands

                     rejected.

                                  13. Accordingly, this appeal stands dismissed.


                                                                    (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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