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Patna High Court

Ritik Roshan @ Ritik SwarnkarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
                                                         3/3




                      SC / ST        Police Station Case No. 41 of 2025 .



                                             (Prabhat Kumar Singh, J)
Koushik/-

U      T


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