Patna High Court
Rajdeo RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The Court set aside the order of the Exclusive Special Judge and granted anticipatory bail to the appellants with specified conditions.
Summary
The appellants, a group of relatives from the same village, were charged under several provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for assaulting an informant, using abusive language and threatening to kill family members. They contended that the incident was a spontaneous scuffle arising from a petty dispute, that both parties belong to SC/ST communities and therefore the SC/ST Act should not apply, and that they have no criminal intent. The Special Public Prosecutor opposed bail but also noted that both sides belong to the same community and that there are counter‑cases. The High Court, after considering the submissions, granted anticipatory bail to the appellants, imposing a bond of Rs.30,000 each and conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023, and set aside the earlier order of the Exclusive Special Judge. The bail is to remain effective for four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether the allegations against the appellants attract the provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail should be granted in view of the nature of the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the conditions imposed under Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023 are appropriate for the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 127(1), 2(1)(d), 3(5), 351(2), 352, 482(2)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(èk), 3(1)(n), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- Bharatiya Nyaya Sanhita
- assault
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4726 of 2025
Arising Out of PS. Case No.-352 Year-2025 Thana- BANIAPUR District- Saran
======================================================
1. Rajdeo Ram S/o Sudish Ram Resident of Village - Pithori Nandlal Tola, P.S
- Baniyapur, District - Saran
2. Ajay Ram @ Ajay Kumar Ram S/o Rajdeo Ram Resident of Village -
Pithori Nandlal Tola, P.S - Baniyapur, District - Saran
3. Raj Kumar Ram @ Raja Kumar @ Raja Ram S/o Rajdeo Ram Resident of
Village - Pithori Nandlal Tola, P.S - Baniyapur, District - Saran
4. Gautam Ram S/o Sudish Ram Resident of Village - Pithori Nandlal Tola, P.S
- Baniyapur, District - Saran
... ... Appellant/s
Versus
1. The State of Bihar
2. Ashok Kumar Ram S/o Shankar Ram Resident of Village - Pithori Nandlal
Tola, P.S - Baniyapur, District - Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Krishna Kumar Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 16-04-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor for the State.
2. The present Cr. Appeal (SJ) application has been
filed seeking grant of bail and setting aside the order dated
31.10.2025 passed by the Exclusive Special Judge, SC/ST,
Chapra, Saran in Anticipatory Bail Petition No. 3975 of 2025
arising out of Baniyapur P.S. Case No. 352 of 2025, for the
offence punishable under sections 127(1), 115(2), 117(2),
118(1), 109, 351(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita,
Patna High Court CR. APP (SJ) No.4726 of 2025(4) dt.16-04-2026
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2023 and sections 3(1)(n), 3(1)(èk), 3(2)(va) of the Scheduled
Castes & the Scheduled Tribes (Prevention Of Atrocities) Act,
1989.
3. As per the prosecution, FIR has been lodged against
seven named accused persons including the present appellants
against whom there is an allegation that they have assaulted the
informant and also used abusive language and also threatened to
kill the entire family members.
4. Learned counsel for the appellants submit that the
appellants are innocent and have committed no offence. Counsel
submits that the informant’s side and the appellants’ side
belongs to SC/ST community and therefore, SC/ST Act is not
attracted in the present case. He submits that both parties are
resident of same village and well known to each other and on
petty dispute, scuffling took place between them. Counsel also
submits that there are case and counter case from both the sides
(Annexure-1 & Annexure-2). He further submits that it is true
that injury has been caused and injury report is also attached.
Counsel submits that the cause of dispute is apparent upon
reading the FIR lodged by the appellants’ side. He submits that
actually, the daughter of the appellants’ side was disturbed and
molested by the informant’s side and upon oppose, scuffling
Patna High Court CR. APP (SJ) No.4726 of 2025(4) dt.16-04-2026
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took place between the parties. Counsel submits that none of the
parties are criminal, rather, at the spur of moment, the scuffling
took place and injury has been caused. Counsel submits that
appellants are accused in one more case in which, already
compromise takes place.
5. Learned Special Public Prosecutor for the State
opposes the prayer for bail of the appellants but fairly submits
that as per the pleadings, the informant’s side and the appellants’
side belongs to SC/ST community and therefore, SC/ST Act is
not attracted in the present case. He further submits that there
are case and counter case from both the sides.
6. As such, in the present facts and circumstances of
this case, let the above named appellants be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of four weeks, on furnishing bail
bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Exclusive Special Judge, SC/ST, Chapra, Saran,
in connection with Baniyapur P.S. Case No. 352 of 2025,
subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023 with further conditions:-
(i) one of the bailors should be the family member of
Patna High Court CR. APP (SJ) No.4726 of 2025(4) dt.16-04-2026
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the appellants who shall provide official document to show
his/her bona fide;
(ii) the appellants shall appear before the Trial Court
on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of their bail bonds by the Trial
Court itself;
7. Accordingly, the order dated 31.10.2025 passed by
the Exclusive Special Judge, SC/ST, Chapra, Saran in
Anticipatory Bail Petition No. 3975 of 2025 arising out of
Baniyapur P.S. Case No. 352 of 2025 is hereby set aside and the
present anticipatory bail application stands allowed.
(Dr. Anshuman, J)
Divyansh/-
U T
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