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Patna High Court

Rajdeo RamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             3/4




          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
                                                          4/4




                       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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