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Patna High Court

RAVINDRA MALAH @ RAVINDRA KUMAR @ RABINDRA MALAHversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the lower court’s refusal of anticipatory bail and granted bail to the appellants.

Summary

The appellants, three brothers from Durgapur, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and several IPC offences for an alleged caste‑based assault that occurred on 24‑12‑2019. The FIR was lodged on 25‑02‑2020 after a complaint was filed on 06‑01‑2020, and the trial court refused anticipatory bail on 05‑10‑2020. The appellants contended that they have clean antecedents, were falsely implicated, that the delay in filing the FIR undermines the prosecution’s case, and that the alleged assault was not in public view and therefore Section 18 of the SC/ST Act was not attracted. The High Court examined these submissions, found merit in the arguments regarding the nature of the alleged injury and the procedural delay, and set aside the trial court’s order. It granted anticipatory bail subject to a cash bond and surety conditions, and ordered the appeal to be allowed.

Issues considered

  • Whether anticipatory bail can be granted to persons accused under the SC/ST (Prevention of Atrocities) Act when the alleged offence does not satisfy the criteria of Section 18.
  • Whether the delay between the alleged incident, the complaint, and the FIR warrants a discharge or bail.
  • Whether the appellants can be considered falsely implicated and thus entitled to bail despite the seriousness of the charges.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Section 18
  • false implication
  • delay in FIR
  • caste based violence
  • criminal procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.635 of 2021
                          Arising Out of PS. Case No.-16 Year-2020 Thana- SC/ST District- Saran
                 ======================================================
           1.     RAVINDRA MALAH @ RAVINDRA KUMAR @ RABINDRA MALAH
                  Son of Mokhali Malah Resident of Village - Durgapur, P.S.- Manjhi, District
                  - Saran
           2.    Vivek Malah@ Vivek Kumar Son of Mokhali Malah Resident of Village -
                 Durgapur, P.S.- Manjhi, District - Saran
           3.    Ramayan Malah Son of Bhuti Malah Resident of Village - Durgapur, P.S.-
                 Manjhi, District - Saran

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Rameshwar Ram Kailash Ram R/O Village- Durgapur, P.S.- Manjhi,
                 District-Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Mukesh Kumar Singh, Advoate
                 For the Respondent/s     :        Mr. A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   31-03-2026                     1. Heard learned counsel for the appellants and

                   learned Spl. P.P. for the State, Mr. Binay Krishna.

                                   2. No one appears on behalf of the respondent no.

                   2.

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

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

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

                   order dated 05.10.2020 in A.B.P. No. 1384 of 2020 passed by

                   the learned 1st Additional Sessions Judge-cum-Special Judge
Patna High Court CR. APP (SJ) No.635 of 2021(4) dt.31-03-2026
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          S.C./S.T. (POA) Act, Saran at Chapra in connection with Chapra

          SC/ST P.S. Case No. 16 of 2020 registered for the offences

          punishable under Sections 147, 323, 354, 307, 504 and 379 of

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

          (va) of the SC/ST Act.

                           4. Learned counsel for the appellants submits that

          appellants are persons with clean antecedent. It is next

          submitted that the present FIR arises from a complaint case

          bearing Complaint Case No. SC/ST 03 of 2020. It is next

          submitted that the informant alleges that accused persons came

          to his house on 24.12.2019 and started abusing by taking caste

          name, on objection, Ravindra assaulted the informant by khanti

          causing injury on head, thereafter Saheb assaulted by lathi and

          when his wife Rita came to save him, accused Nakul acted

          inappropriately and Mahendra assaulted her by dab causing

          injury on head, thereafter Ranjan assaulted Manoj by farsa

          causing injury on head, while Ravi, Rajesh and Mukesh acted

          inappropriately with Maina and Suman Devi and when people

          gathered, they fled, hence a Complaint Case No. 03 of 2020 was

          instituted on 06.01.2020, based on which the instant FIR came

          to be instituted on 25.02.2020.

                           5. Learned counsel for the appellants submits that
Patna High Court CR. APP (SJ) No.635 of 2021(4) dt.31-03-2026
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          the appellants have been falsely implicated in the instant case by

          the informant. It is next submitted that date of occurrence is

          24.12.2019 and the complaint case came to be instituted on

          06.01.2020 i.e. after a delay of more than 13 days, based on

          which the instant FIR was instituted on 25.02.2020. It is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that no specific allegation of abuse and

          assault is alleged against the appellant nos. 2 and 3 and as far as

          appellant no. 1 is concerned, he is alleged to have assaulted the

          informant by khanti causing injury on head, but then it is

          submitted that injury suffered by the injured has been opined to

          be simple in nature and the occurrence is alleged to have taken

          place in the house of the informant, thus, was not in public view

          hence rigors of Section 18 of SC/ST Act would not apply and

          the blow is not alleged to be repeated. It is also submitted that it

          absolutely does not stand to reason that if what has been alleged

          is a correct fact then why no FIR at the initial stage was

          instituted, which also casts an aspersion on the case of the

          prosecution. It is next submitted that the case was taken up on

          01.11.2021 when notices were issued on the respondent no. 2

          and in the meantime it was directed that there shall be no

          coercive action against the appellants until further orders of this
            Patna High Court CR. APP (SJ) No.635 of 2021(4) dt.31-03-2026
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                      Court, as such the investigation was not stayed, but then charge

                      sheet till date has not been submitted.

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

                      appeal.

                                       7. In view of the submissions made by the learned

                      counsel for the appellants, the order dated 05.10.2020 in

                      connection with Chapra SC/ST P.S. Case No. 16 of 2020, 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 Chapra SC/ST P.S. Case No. 16 of 2020 subject to the

                      conditions as laid down under Section 482 (2) of the BNSS.

                                       8. Accordingly, the appeal stands allowed.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T


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