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Patna High Court

Rikki KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail was granted to appellant No. 2 but denied to appellant No. 1, and the lower court’s order was set aside.

Summary

The appellants, Rikki Kumar and Bablu Kumar Yadav, were charged under several provisions of the Bhartiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant with a lathi and pushing him, causing injuries. They applied for anticipatory bail, claiming innocence, clean antecedents, and that the alleged injuries were minor and the FIR was lodged after a two‑day delay. The prosecution and the second respondent opposed bail, citing specific allegations of assault, use of abusive language, and applicability of the SC/ST Act. The High Court granted bail to appellant No. 2 (Bablu Kumar Yadav) upon a bond of Rs 30,000 with conditions under Section 480(3) of the BNS, but rejected bail for appellant No. 1 (Rikki Kumar), directing the trial court to consider his surrender‑cum‑bail application. Consequently, the lower court’s order dated 15‑10‑2025 was set aside, and anticipatory bail was allowed only for the second appellant.

Issues considered

  • Whether the allegations against the appellants attract non‑bailable offences under the Bhartiya Nyaya Sanhita, 2023 and the SC/ST Act.
  • Whether anticipatory bail should be granted to each appellant in view of the nature of the alleged offences and the facts presented.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • SC/ST Act
  • Bhartiya Nyaya Sanhita
  • bailable offence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4668 of 2025
                  Arising Out of PS. Case No.-64 Year-2025 Thana- BANNUBAGICHA District- Lakhisarai
                 ======================================================
           1.     Rikki Kumar S/o Kedar Yadav R/o village - Barare, P.S - Bannubagicha,
                  District - Lakhisarai
           2.    Bablu Kumar Yadav @ Bablu Yadav S/o Arjun Yadav R/o village - Barare,
                 P.S - Bannubagicha, District - Lakhisarai

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Rohit Paswan S/o Nago Paswan R/o village - Barare, P.S - Bannubagicha,
                 District - Lakhisarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Umesh Prasad, Advocate
                 For the State           :        Mr. Sadanand Paswan, Spl.P.P.
                 For the Resp. No. 2     :        Mr. Mukesh Kumar, Advocate
                                                  Mr. Shreekant Vaidya, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   16-04-2026                    Heard learned counsel for the appellants, learned

                   counsel for the respondent No. 2 and learned Special Public

                   Prosecutor for the State.

                               2. The present Cr. Appeal (SJ) application has been

                   filed for seeking grant of bail and setting aside the order dated

                   15.10.2025 in A.B.P. No. 1151 of 2025 arising out of

                   Bannubagicha P.S. Case No. 64 of 2025 passed by the District &

                   Additional Sessions Judge 1st-cum-Special Judge, SC/ST,

                   Lakhisarai, for the offence punishable under sections 126(2),

                   115(2), 109, 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita,

                   2023 (hereinafter referred to as “BNS, 2023”) and under

                   Sections 3(1) (r) (s) and 3(2)(va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.4668 of 2025(3) dt.16-04-2026
                                             2/4




                       3. As per the prosecution, FIR has been lodged against

          the appellants with the allegation that appellant No. 1 assaulted

          the informant with a lathi on the head, as a result of which he

          sustained injuries, and the appellant No. 2 used force, due to

          which he fell down.

                       4. Learned counsel for the appellants submits that the

          appellants are innocent and have committed no offence. Counsel

          submits that the appellants have clean antecedents. Counsel

          further submits that all the sections are bailable except Section

          109 of the BNS and the provisions of the SC/ST Act. Counsel

          further submits that the ingredients of Sections 3(1)(r), 3(1)(s)

          and 3(2)(va) are not attracted in the present case.

                       5. Counsel further submits that from the injury report,

          which is Annexure P/2, it is clear that a lacerated wound is

          present, caused by a hard and blunt substance, and the injury is

          simple in nature. Counsel further submits that there is a delay of

          two days in lodging the FIR. Counsel further submits that both

          parties are residents of the same village and due to local village

          politics, the appellants have been made accused in the present

          case.

                       6. Learned counsel for respondent No. 2, on the other

          hand, vehemently opposes the prayer for bail and submits that
Patna High Court CR. APP (SJ) No.4668 of 2025(3) dt.16-04-2026
                                             3/4




          there are specific allegations against appellant No. 1, who is said

          to have assaulted the informant with a lathi, as a result of which

          injury was caused, and against appellant No. 2, there is an

          allegation of pushing. Counsel further submits that the

          provisions of the SC/ST (Prevention of Atrocities) Act are also

          attracted, as abusive language was used. Therefore, it is

          submitted that the bail application of the appellants may be

          rejected.

                       7. Learned Special Public Prosecutor for the State

          opposes the prayer for bail of the appellants and submits that

          there is an allegation of use of abusive language. However, it

          has not been specified whether the incident took place in a

          public place or not. Counsel further submits that it is true that

          specific allegation is against appellant No. 1 and not against

          appellant No. 2.

                       8. In the present facts and circumstances of this case,

          let the appellant No. 2, namely, Bablu Kumar Yadav @ Bablu

          Yadav be granted bail, on furnishing bail bond of Rs.30,000/-

          (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of

          the B.N.S.S., 2023 to the satisfaction of District & Additional

          Sessions Judge 1st-cum-Special Judge, SC/ST, Lakhisarai, in

          connection with A.B.P. No. 1151 of 2025 arising out of
          Patna High Court CR. APP (SJ) No.4668 of 2025(3) dt.16-04-2026
                                                       4/4




                    Bannubagicha P.S. Case No. 64 of 2025, subject to the

                    conditions as laid down U/s 480(3) of the B.N.S.S., 2023.

                                 9. So far as the bail application of the appellant No. 1,

                    namely, Rikki Kumar is concerned, his bail application is hereby

                    rejected, with a liberty that in case, the appellant No. 1

                    surrenders within four weeks before the Trial Court, then the

                    Trial Court is directed to pass order on his surrender-cum-bail

                    application on the same day without being prejudice that the

                    anticipatory bail of the appellant No. 1 has been rejected by this

                    Court and the Trial Court shall pass order on the merit of this

                    case.

                                 10. Accordingly, the order dated 15.10.2025 in A.B.P.

                    No. 1151 of 2025, arising out of Bannubagicha P.S. Case No. 64

                    of 2025, passed by the District & Additional Sessions Judge 1st-

                    cum-Special Judge, SC/ST, Lakhisarai, is hereby set aside, and

                    the present anticipatory bail application stands allowed in

                    respect of appellant No. 2, namely, Bablu Kumar Yadav @

                    Bablu Yadav only.



                                                                           (Dr. Anshuman, J.)
Aman Kumar/-

U     T


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