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Patna High Court

Rajnish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order denying bail is set aside and the appellants are released on bail.

Summary

The appellants, Rajnish Kumar and Bikash Kumar Ray, appealed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act against an order dated 03‑09‑2025 of the Additional Sessions Judge‑1 cum Special Judge SC/ST Act, Bhojpur, which had denied bail in a case alleging firing on an informant and caste‑based abuse. The FIR listed offences under the Indian Penal Code, the Arms Act and various provisions of the SC/ST Act, but the High Court found the allegation of firing to be vague and the caste‑based abuse not shown to have been made in public view. Relying on the Supreme Court’s decision in Hitesh Verma v. State of Uttarakhand, the Court held that the allegations were insufficient to justify denial of bail. Consequently, the Court directed the appellants to be released on bail of Rs 10,000 with two sureties, subject to Section 438(2) of the CrPC, and set aside the impugned order. The appeal was allowed.

Issues considered

  • Whether the allegations of firing and caste‑based abuse in the FIR constitute sufficient grounds to deny bail under the SC/ST (Prevention of Atrocities) Act.
  • Whether the order of the Special Judge is maintainable within the limitation period prescribed under Section 14A(3) of the SC/ST Act.
  • Whether bail can be granted under Section 438(2) of the Criminal Procedure Code in the circumstances of the case.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • caste based violence
  • firing allegation
  • limitation period
  • Criminal Procedure Code
  • quash order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3816 of 2025
                     Arising Out of PS. Case No.-90 Year-2025 Thana- SIKARHATTA District- Bhojpur
                 ======================================================
           1.     Rajnish Kumar Manoj Kumar Rai @ Manoj Kumar Rai Resident of Village -
                  Ramnagar, P.S. - Tarari, Dist. - Bhojpur.
           2.    Bikash Kumar Ray @ Bikash Kumar Son of Manoj Kumar Ray @ Manoj
                 Kumar Rai Resident of Village - Ramnagar, P.S. - Tarari, Dist. - Bhojpur.
                                                                            ... ... Appellant/s
                                                  Versus
           1.    The State of Bihar
           2.     Krishna Kumar Son of Vijay Ram Resident of Village - Beldihari, P.S. -
                  Sikarhatta, Dist. - Bhojpur.
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Manoj Kumar
                 For the Respondent/s    :        Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   23-02-2026                   Heard the parties.

                               2. The appellant has preferred the present appeal under

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

                   (Prevention of Atrocities) Act (for short ‘the Act’) against the order

                   dated 03.09.2025 passed by the learned Additional Sessions

                   Judge-1-cum-Special Judge SC/ST Act, Bhojpur at Ara, in

                   connection with Sikarhatta P.S. Case No. 90 of 2025 registered

                   under Sections 126(2), 115(2), 191(2), 190, 109, 352 and

                   351(2) of the BNS, Section 27 of the Arms Act and Sections 3(i)

                   (r)/3(1)(s) and 3(2)(v) of the SC/ST (POA) Act.

                               3. Present appeal is well within limitation as prescribed

                   under Section 14A(3) of the Act.
Patna High Court CR. APP (SJ) No.3816 of 2025(3) dt.23-02-2026
                                             2/3




                      4. Despite service of notice to respondent no. 2,

          informant failed to join the present Court proceedings.

                      5. As per FIR appellants along with other co-accused

          persons open fired upon informant and also started abusing in

          caste name, while they were sitting in a temple. Informant claimed

          himself to be member of Schedule Caste community.

                      6. Learned counsel appearing for the appellants

          submitted that allegation of firing is not available against

          appellants rather same was raised in very general and omnibus

          manner just to aggravate the allegation, where no injury was

          caused out of alleged firing. It is also submitted that allegation qua

          abusing in caste name in public view not appears available and

          moreover appellants are men of clean antecedent. In support of

          his submission learned counsel relied upon the legal report of

          Hon’ble Supreme Court as available through Hitesh Verma v.

          State of Uttarakhand, [(2020) 10 SCC 710].

                      7. Learned Special P.P. opposed the prayer of bail.

                       8. In view of the aforesaid facts and circumstances, as

          mentioned above and by taking note of fact as allegation of firing

          appears very much general and omnibus in nature and abusing in

          caste name also not appears to be made in public view,

          accordingly, both above-named appellants in the event of their
               Patna High Court CR. APP (SJ) No.3816 of 2025(3) dt.23-02-2026
                                                            3/3




                         arrest or surrender before the learned trial Court, within a period

                         of four weeks of the order, are directed to be released on bail

                         furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with

                         two sureties of the like amount each to the satisfaction of the

                         learned ADJ 1st cum Special Judge SC/ST Act, Bhojpur at

                         Ara/concerned Court, where the case is pending in connection with

                         Sikarhatta P.S. Case No. 90 of 2025, subject to the conditions as

                         laid down under Section 438(2) of the Cr.P.C.

                                      9. Accordingly, impugned order dated 03.09.2025 is

                         hereby set aside/quashed.

                                      10. Hence, appeal stands allowed.


                                                (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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