Patna High Court
Ritik Roshan @ Ritik SwarnkarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted to the appellant.
Summary
Ritik Roshan was charged under several sections of the Bihar Penal Code (BNS) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing a neighbour with caste slurs and threatening to kill him. The Additional Sessions Judge had rejected his application for anticipatory bail. The appellant contended that the complaint arose from a petty neighbour dispute, was false and had been compromised, and that the informant had filed a compromise petition indicating she did not wish to pursue the case. The Special Public Prosecutor and the counsel for the second respondent did not dispute these contentions. The Patna High Court, after hearing the parties, set aside the order rejecting anticipatory bail and directed that the appellant be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The decision rests on the finding that the case was compromised and the allegations did not warrant denial of bail.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite the charges under the BNS and SC/ST Act.
- Whether the compromise petition filed by the informant negates the necessity of continued detention.
- Whether the allegations of caste-based abuse and threat constitute an offence under the SC/ST Act warranting denial of bail.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 126(2), 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste abuse
- false complaint
- compromise petition
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5103 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- SC/ST District- Saharsa
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Ritik Roshan @ Ritik Swarnkar S/o Late Sanjay Swarnkar R/o vill - Krishna
Nagar, Mahavir Chauk, ward no. 20/34, P.S.- Saharsa, Distt.- Saharsa
... ... Appellant/s
Versus
1. The State of Bihar
2. Sangita Devi W/o Sanjay Rajak R/o vill - Krishna Nagar, ward no 34, P.S.-
Saharsa, Distt.- Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chandra Mohan Jha, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP
For respondent No. 2 : Mr. Samrendra Kumar Jha, Advocate
Mr. Dhananjay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 22-01-2026 Heard learned counsel for the parties.
2. This appeal has been filed for setting aside order
dated 12.12.2025 passed in a case registered for the offence
punishable under sections 126 ( 2 ), 115 ( 2 ), 109, 352, 351
( 2 ) and 3 (5) of BNS and sections 3(i)(r)(s) and 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, whereby the prayer for anticipatory bail
of the appellant has been rejected.
3 . As per F.I.R. informant alleged that on
Patna High Court CR. APP (SJ) No.5103 of 2025(2) dt.22-01-2026
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15.08.2025 , appellant is alleged to have abused the informant
by caste name and threatened to kill him.
4. It is submitted that both parties are close door
neighbour and due to petty dispute , a quarrel took place
between both the parties and taking advantage of the situation
this present false and concocted case has been lodged against
this appellant. It is further submitted that during pendency of the
case , due to intervention of well wishers, the case has been
compromised between the parties for which informant has filed
compromise petition before the Court concerned stating therein
that she does not want to proceed further more in this case .
5 . Learned special Public Prosecutor for the State as
well as learned counsel appearing on behalf of respondent No. 2
do not dispute the contention made on behalf of appellant.
6. Considering the aforesaid facts, this appeal is
allowed and the impugned order is set aside. Let the appellant,
named above, in the event of arrest/surrender within a period of
eight weeks from the date of receipt/production of a copy of this
order, be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional sessions Judge
1st cum Special Judge SC / ST Act, Saharsa in connection with
Patna High Court CR. APP (SJ) No.5103 of 2025(2) dt.22-01-2026
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SC / ST Police Station Case No. 41 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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