Patna High Court
Dilip Kumar RanaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellants under Section 438(2) of the CrPC.
Summary
The five brothers, sons of Dilip Kumar Rana, were charged under several sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged caste‑based assault and robbery. They applied for anticipatory bail, which was rejected by a Special Judge under the SC/ST Act. The brothers appealed, contending that the FIR contained only vague, general allegations of caste abuse without specific details and that they have no prior criminal record. The State and a co‑respondent opposed bail, relying on the seriousness of the offences. The Patna High Court examined whether the FIR sufficiently justified denial of bail and held that the appellants should be released on bail, directing them to furnish a bond of Rs 10,000 with two sureties, subject to Section 438(2) of the CrPC. Consequently, the appellate court set aside the lower court’s order and allowed the appeal.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 438 of the CrPC despite the FIR’s allegations under the SC/ST Act.
- Whether the FIR’s general allegation of caste‑based abuse suffices to deny bail.
- Whether the offences alleged under the IPC and the SC/ST Act warrant denial of bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 109, 115(2), 118(1), 190, 191(2), 191(3), 303(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 126(2), 3(1)(r)(s), 3(2)(v)
Subjects
- anticipatory bail
- SC/ST Act
- caste violence
- bail jurisdiction
- Criminal Procedure Code
- scheduled caste atrocities
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4132 of 2025
Arising Out of PS. Case No.-950 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
1. Dilip Kumar Rana Son of Rama Nand Rana
2. Vikki Kumar Rana
3. Shivam Kumar Rana
4. Mannu Kumar Rana
5. Prince Kumar Rana
All Sons of Dilip Kumar Rana Resident of Village - Sahwajpur, P.S.-
Ahiyapur, District - Muzaffarpur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Manoj Ram Son of Lakhan Ram Resident of Village - Muradpur Dallah,
P.S.- Ahiyapur, District - Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Alok Kumar Alok, Adv.
For the Respondent/s : Mr.Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the appellants, learned
counsel for respondent no.2 and the learned Special Public
Prosecutor for the State.
2. The appellants have challenged the order dated
19.08.2025 passed by the learned Special Judge SC/ST (POA)
Act, Muzaffarpur in connection with Ahiyapur P.S. Case No.950
of 2025 instituted for the offences under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 109, 303(2), 352 BNS and
Sections 3(1)(r)(s), 3(2)(v) SC/ST Act whereby their prayer for
grant of anticipatory bail has been rejected.
Patna High Court CR. APP (SJ) No.4132 of 2025(3) dt.23-02-2026
2/4
3. Prosecution case in brief is that on 08.07.2025, at
07:00 pm, the informant was at his sand and gravel shop.
Nearby is Mudalah Market B, which houses a tea and snacks
stall. The informant asked the stall owner for a bottle of water
and offered him a 500 rupee note. Mudalah, along with other
people, verbally abused him, claiming he was showing a 500
rupee note. The people present there calmed the situation. Some
time later, the informant's maternal uncle informed him that
Mudalah had come to the shop with other people and was
abusing him. When the informant returned to his shop, he saw
that Mudalah, along with his maternal uncle Laxman Ram,
Deepmala Devi, and Abhishek Kumar, were assaulting him with
sticks, rods, and swords, and were also using caste-based abuse.
When the informant tried to intervene, they assaulted him as
well. When Amit Kaushik came to rescue, all the people
attacked him with swords, due to which his head was cut and he
became unconscious. Abhishek Kumar's mobile was stolen and
ten thousand rupees were snatched from the informant's pocket.
The informant and others were treated at SKMCH. On the basis
of the informant's statement, a case was registered under
Ahiyapur Police Station Case No. 950/25 under sections 191
(2), 191 (3), 190, 126 (2), 115 (2), 118 (1), 109, 303 (2), 352
Patna High Court CR. APP (SJ) No.4132 of 2025(3) dt.23-02-2026
3/4
BNS and 3 (1) (r) (s), 3 (2) (v) Scheduled Caste/Tribe (A.N.)
Act.
4. Learned counsel for the appellants submits that
appellants are innocent and has falsely been implicated in this
case and they have no criminal history. Further submits that
from the allegations levelled in the FIR, it is clear that there is
general allegation against the appellants of having hurled abuses
on caste line without specifying the exact nature of the abuses.
5. Learned Special Public Prosecutor for the State as
well as learned counsel for respondent no.2 has vehemently
opposed the prayer for bail of the appellants based upon the
allegation made in the F.I.R.
6. From the allegations levelled in the FIR, it is clear
that there is just a general allegation against the appellants of
having hurling abuses on caste line without specifying the exact
nature of the abuses.
7. Considering all these aspect of the matter, the
appellants above named above, in the event of their arrest or
surrender before the learned court below within a period of six
weeks, is directed to be released on bail on their furnishing bail
bonds in the sum of Rs.10,000/-(Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. APP (SJ) No.4132 of 2025(3) dt.23-02-2026
4/4
learned Special Judge SC/ST (POA) Act, Muzaffarpur in
connection with Ahiyapur P.S. Case No.950 of 2025 , subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.