Patna High Court
Ravi Kumar RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appellate court set aside the lower court’s refusal of bail and granted bail to the appellant.
Summary
The appellant, Ravi Kumar Ram, was charged under multiple provisions of the Bharatiya Nyaya Sanhita and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged participation in a mob assault that resulted in the death of an informant's wife and injuries to the informant's grandson. The Exclusive Special Judge had refused bail on 14 July 2025. On appeal, counsel for the appellant argued that the allegations against him were vague, general and omnibus, and that there was no specific overt act attributed to him, while also highlighting his clean criminal record and custody since 1 August 2025. The State opposed bail, contending that all accused were involved in the killing. The Patna High Court, after considering the submissions, set aside the Special Judge’s order, granted bail on condition of a Rs.10,000 bond with two sureties, and allowed the appeal.
Issues considered
- What is the adequacy of the specific allegations against the appellant for granting bail under the SC/ST Act?
- Whether the appellant’s alleged participation in the mob assault justifies denial of bail.
- Whether the lower court’s refusal of bail was in accordance with the provisions of the SC/ST Act and the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 352, 61(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- bail
- SC/ST Act
- scheduled caste atrocities
- criminal procedure
- mob assault
- murder
- appeal
- exclusive special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4768 of 2025
Arising Out of PS. Case No.-344 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Ravi Kumar Ram Son of Bijor Ram Resident of Village -Jaisinghpur
Bahurupiya Ward No 9, PS- Turkauliya, Distt -East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Jagdish Ram son of Late Ramashray Ram Resident of Village -Jaisinghpur
Bahurupiya, Ward No 9, PS- Turkauliya, Distt -East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rakesh Kumar, Advocate
For the State : Mr. Binay Krishna, Spl.P.P.
For the Respondent : Mr. Pravin Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 06-04-2026 Heard learned counsel for the appellant, learned Spl.
P.P. for the State and learned counsel for the respondent.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for bail vide order dated 14.07.2025 passed by the
learned Exclusive Special Judge, S.C./S.T. Act, East
Champaran, Motihari in connection with Turkauliya P.S. Case
No. 344 of 2025 registered for the offences punishable under
Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 117(2),
109(1), 103(1), 352 & 61(2) of the Bharatiya Nyaya Sanhita and
under Section 3(2)(v) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.4768 of 2025(4) dt.06-04-2026
2/3
3. The case of the respondent, in short, is that
altogether 20 names persons arrived at the door of the informant
being armed with weapon. It is further alleged that Lal Babu
Ram exhorted to kill. On this Munna Ram and Sukul Ram
assaulted with farsa to the wife of the informant due to which
she fell down. After that Lal Babu Ram also assaulted with
farsa due to which she died. Specific allegation against this
appellant is that he along with Kundan, Guddu and Navneet,
assaulted grandson of the informant, namely, Niraj Kumar.
4. Learned counsel for the appellant submits that as
per the allegation of assaulting the deceased is concerned, there
is no allegation of any overt act against the appellant, whereas,
only allegation against the appellant is that he has assaulted
including others to the grandson of the respondent, namely,
Niraj Kumar. Learned counsel for the appellant has submitted
that the nature of allegation against the appellant is general and
omnibus. Learned counsel for the appellant has submitted that
regarding first part of the occurrence, appellant is only member
of the mob and regarding second part of the occurrence, the
nature of allegation alleged against the appellant is general and
omnibus. Learned counsel for the appellant has further
submitted that the appellant is having no criminal antecedent
Patna High Court CR. APP (SJ) No.4768 of 2025(4) dt.06-04-2026
3/3
and he is in judicial custody since 01.08.2025.
5. Learned counsel for the respondent is present and
has vehemently opposed the bail to the appellant and has
submitted that the all the accused persons have killed the
deceased.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 14.07.2025 passed by
the learned Exclusive Special Judge, S.C./S.T. Act, East
Champaran, Motihari in connection with Turkauliya P.S. Case
No. 344 of 2025 is hereby set aside and the appellant above-
named, be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court of Exclusive
Special Judge, S.C./S.T. Act, East Champaran, Motihari in
connection with Turkauliya P.S. Case No. 344 of 2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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