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Patna High Court

RAJESHWAR RAIversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the trial court’s order refusing anticipatory bail and granted anticipatory bail to the appellants, subject to conditions and verification of the charge‑sheet status.

Summary

The appellants, accused under the SC/ST (Prevention of Atrocities) Act and several IPC and Arms Act provisions for a land‑related violent incident, appealed a trial court order that refused them anticipatory bail. One appellant died during the pendency, and the court permitted withdrawal of his name. The appellants argued that the notice was validly served via a jointness application, that the charge sheet had not been filed, and that the allegations were vague and they were falsely implicated. The State opposed the appeal. The Patna High Court set aside the trial court’s refusal, directing that anticipatory bail be granted subject to bail bonds and verification that no charge sheet has been filed, otherwise the order would not take effect. Consequently, the appeal was allowed.

Issues considered

  • The trial court's refusal to grant anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the notice served via a jointness application is valid for the purposes of anticipatory bail.
  • Whether the absence of a charge sheet warrants the grant of anticipatory bail.
  • The scope of the High Court’s inherent powers under Section 482(2) CrPC to interfere with the trial court’s order.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Section 14-A
  • jointness application
  • service of notice
  • charge sheet
  • criminal appeal
  • Section 482 CrPC
  • land dispute
  • false implication

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4894 of 2021
                     Arising Out of PS. Case No.-87 Year-2021 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
           1.     RAJESHWAR RAI Son of Late Anup Rai Resident of Village - Joriyahi,
                  Ward no.4, P.S.- Bairgania, Distt.- Sitamarhi.
           2.    Sunil Kumar Son of Ram Udar Rai Resident of Village - Joriyahi, Ward
                 no.4, P.S.- Bairgania, Distt.- Sitamarhi.
           3.    Sangita Devi W/o Ram Udar Rai Resident of Village - Joriyahi, Ward no.4,
                 P.S.- Bairgania, Distt.- Sitamarhi.
           4.    Lav Kumar Son of Ram Pravesh Rai @ Ram Pravesh Yadav Resident of
                 Village - Joriyahi, Ward no.4, P.S.- Bairgania, Distt.- Sitamarhi.

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Shambhu Baitha Son of Late Timen Baitha Resident of village-
                 Jorigahi,Ward no-04,P.S-Bairagania,District-Sitamarhi

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Devendra Kumar, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

9   30-03-2026                     1. Heard learned counsel for the appellants and

                   learned Spl. P.P. for the State, Mr. Sadanand Paswan.

                                   2. The learned counsel for the appellants seeks

                   permission to withdraw the appeal with respect to appellant no.

                   1 (Rajeshwar Rai) who died during pendency of the instant

                   appeal.

                                   3. Permission is accorded.

                                   4. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.4894 of 2021(9) dt.30-03-2026
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          Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

          Act”) against the refusal of prayer for anticipatory bail vide

          order dated 30.10.2021 in A.B.P. No. 1450 of 2021 and 186 of

          2021 passed by the learned 1st Additional Sessions Judge-cum-

          Special Judge S.C./S.T. (POA) Act, Sitamarhi in connection

          with Bairgania P.S. Case No. 87 of 2021 registered for the

          offences punishable under Sections 341, 323, 307, 504 and 34

          of the Indian Penal Code as well as Sections 3(1)(r)(s) and 3(2)

          (va) of the SC/ST Act read with Sections 25(1-b)a, 26 and 35 of

          the Arms Act.

                          4. Learned counsel for the appellants submits that

          from perusal of the office report dated 13.10.2022, it would

          manifest that the notice was received by the wife of respondent

          no. 2. It is next submitted that a jointness application has been

          filed stating that respondent no. 2 is staying with his wife.

                          5. Since the jointness application has been filed, as

          such, the notice is deemed to be validly served.

                          6. The learned counsel for the appellants submits

          that appellant nos. 2 and 4 have antecedent of one case and

          appellant no. 3 is a person with clean antecedent and is a woman

          and the informant alleges that on 30.04.2021 at 04:00 PM, the

          accused persons including the appellants came on account of
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          previous land dispute and were pressurizing to compromise the

          earlier two criminal cases instituted by him, on objection Ram

          Udar Rai fired causing injury on his left elbow, thereafter Raju

          and Ram Pravesh assaulted his brother with lathi and iron rod

          causing injury on head, further Sachin and Lav assaulted his son

          Shashi by lathi while Sunil assaulted Anil by lathi on chest,

          thereafter, Anil along with Urmila snatched gun from Ram Udar

          and the same was kept by informant’s wife and thereafter the

          accused fled.

                          7. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that on

          account of dispute relating to land, the occurrence is alleged to

          have taken place. It is also submitted that side of the informant

          also assaulted the appellants and his side and accordingly

          Bairgania P.S. Case No. 88 of 2021 was instituted from side of

          the appellants against the informant and his side. It is also

          submitted that specific allegation of causing firearm injury is on

          Ram Udar Rai, but then Ram Udar Rai was acquitted in a duly

          constituted trial. It is next submitted that as far as appellants are

          concerned, the investigation against the appellants are still
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          continuing and charge sheet till date has not been filed. It is

          further submitted that no doubt allegation against the appellant

          no. 2 is of assaulting Anil by lathi on chest, but then there is no

          such injury caused to Anil and allegation of assault against Lav

          is not specific rather he is alleged to have assaulted Shashi along

          with Sachin by lathi and the said allegation is general and

          omnibus in nature. It is also submitted that if privilege of

          anticipatory bail is granted, the appellants will not abscond

          rather will cooperate in the investigation to prove their

          innocence.

                          8. Learned Spl. P.P. for the State opposes the

          appeal.

                          9. In view of the submissions made by the learned

          counsel for the appellants, the order dated 30.10.2021 in

          connection with Bairgania P.S. Case No. 87 of 2021, is hereby

          set aside and the appellants above-named, in the event of their

          arrest or surrender within a period of six weeks from today, be

          released on anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five Thousand) each with two sureties of the

          like amount each to the satisfaction of the learned court below

          where the case is pending/successor court in connection with

          Bairgania P.S. Case No. 87 of 2021 subject to the conditions as
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                      laid down under Section 482 (2) of the BNSS.

                                      10. However, it is made clear that the learned Trial

                      Court before accepting the anticipatory bail bonds of the

                      appellants shall verify that as to whether charge sheet against the

                      appellants has been submitted or not and in the event if it is found

                      that charge sheet against the appellants has been submitted prior to

                      30.03.2026 in that event the present anticipatory bail order shall

                      not be given effect to, but if it is found that charge sheet till date

                      has not been submitted, in that event the anticipatory bail bonds of

                      the appellants shall be accepted forthwith.

                                      11. Accordingly the appeal stands allowed.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T


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