Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that the trial court's refusal of anticipatory bail was unwarranted and allowed the appeal, granting anticipatory bail to the appellants.
Summary
The appellants, Ranjan Kumar and Pankaj Kumar, were charged under multiple provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in connection with a dispute over a vehicle purchase where the informant alleged caste-based abuse. The informants claimed that after a payment of Rs. 4,00,000, the vehicle was not transferred and later the informant was insulted at the appellants' garage. The appellants contended they have clean antecedents and that the allegations are false, emphasizing that the alleged abuse was not in public view and there were no independent witnesses. The trial court had refused anticipatory bail, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The High Court set aside the lower court's order, finding no prima facie case under the Act and granting anticipatory bail subject to conditions under Section 482(2) of the CrPC. The appeal was therefore allowed.
Issues considered
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act disclose a prima facie case warranting denial of anticipatory bail.
- Whether the High Court can set aside the trial court's refusal of anticipatory bail under Section 14‑A(2) of the SC/ST Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 115(2), 126(2), 14-A(2), 316(2), 318(4), 3(1)(r), 3(1)(s), 3(2)(va), 3(5), 351(2), 352
Subjects
- anticipatory bail
- SC/ST Act
- caste discrimination
- false implication
- vehicle dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3868 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- SC/ST BETTIAH District- West
Champaran
======================================================
1. Ranjan Kumar S/O Sri Ramesh Prasad Patel @ Ramesh Prasad Resident of
village- Parwatiya Nawka Tola, Ward No. 02, P.S- Bettiah Town, Distt.-
West Champaran.
2. Pankaj Kumar @ Pankaj Kumar Patel S/O Sri Prakash Prasad R/O Village-
Daniyal Parsauna, P.S- Sathi, Distt.- West Champaran.
... ... Appellants
Versus
1. The State of Bihar
2. Pankaj Kumar Suman S/O Sri Ramshringar Prasad R/O Village- Damodara,
P.O and P.S- Guthani, Distt.- Siwan.
... ... Respondents
======================================================
Appearance :
For the Appellant/s : Mr. Sharad Kumar Verma, Advocate
: Mr. Harsha Shaswat, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 17-03-2026 Heard learned counsel for the appellants and
learned Spl. P.P. for the State.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 25.08.2025 passed by the learned 1 st Additional
Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, West
Champaran in connection with Bettiah SC/ST P.S. Case No. 19
of 2025 registered for the offences punishable under Sections
126(2), 115(2), 316(2), 318(4), 351(2), 352, 3(5) and 3(1)(r),
3(1)(s), 3(2)(va) of SC and ST (POA) Act.
3. Learned counsel for the appellants submits that the
Patna High Court CR. APP (SJ) No.3868 of 2025(4) dt.17-03-2026
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case was taken up on 10.11.2025 and the learned Spl.P.P. was
directed to inform the informant about the pendency of the case
through the S.P./S.H.O.
4. Learned counsel for the appellants submits that the
appellants are persons with clean antecedent and the informant
alleges that on 10.08.2023 he gave Rs. 4,00,000/- by cheque to
Ranjan Kumar for purchasing a Scorpio Vehicle, it is next
alleged that after one month when he asked Ranjan Kumar to
get the vehicle transferred in his name, he said the same will
take time but later refused and the finance company people got
the vehicle towed and took possession of the same, thereafter
the informant went to the garage of Ranjan on 27.09.2024 when
he was abused by taking caste name.
5. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant on account of dispute relating to purchase of vehicle.
It is further submitted that even presuming what has been
alleged is true without admitting then prima facie no offence
under the SC/ST Act is made out as the informant alleged that
he had gone to the garage of the appellants when he was abused
by taking caste name, as such, the occurrence did not take place
in public view nor the FIR does not even remotely suggest that
Patna High Court CR. APP (SJ) No.3868 of 2025(4) dt.17-03-2026
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the occurrence was witnessed by any independent witnesses.
6. Learned Spl. P.P. for the State opposes the prayer
made by learned counsel for the appellants.
7. In view of the submissions made by the learned
counsel for the parties, the order dated 25.08.2025 passed by the
learned 1st Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, West Champaran in connection with
Bettiah SC/ST P.S. Case No. 19 of 2025 is hereby set aside and
the appellant above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 5,000/-
(Rupees Five Thousand) each with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with Bettiah
SC/ST P.S. Case No. 19 of 2025 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
8. Accordingly the appeal stands allowed.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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