Patna High Court
Ramchandra Chaudhary @ Ramchandra PasiversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The appeal is dismissed as withdrawn, with liberty granted to the appellant to file a fresh appeal if required.
Summary
Ramchandra Chaudhary appealed against the rejection of his anticipatory bail application in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, where he was alleged to have participated in an assault that led to the death of the informant's father. The appellant argued that he was falsely implicated, was not named in the FIR, and that his case was similar to a previously decided matter (Bhim Yadav v. State of Bihar). He sought permission to withdraw the appeal with liberty to re‑file if necessary. The High Court, after hearing counsel, granted permission to withdraw the appeal and dismissed it as withdrawn, allowing the appellant to file a fresh appeal later. The order effectively upheld the trial court’s rejection of anticipatory bail pending any fresh proceedings.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 14(A)(2) of the SC/ST (POA) Act.
- Whether the appeal can be withdrawn with liberty to re‑file a fresh appeal.
- Whether the appellant was correctly implicated in the FIR and charged under the relevant provisions.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 103(1) read with 3(5), 14(A)(2), 3(2)(v)
Subjects
- anticipatory bail
- SC/ST (POA) Act
- withdrawal of appeal
- false implication
- assault
- death
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.769 of 2025
Arising Out of PS. Case No.-297 Year-2024 Thana- LAURIA District- West Champaran
======================================================
Ramchandra Chaudhary @ Ramchandra Pasi S/o- Devnath Chaudhary @
Devnath Pasi Resident of Village- Parsa Dhangartoli, P.S.- Lauriya, Dist-
West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Krishna Mahato S/o- Late Vinod Dhagan Village- Parsa Dhagan Tola Ps-
Lauriya Dist- West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Gyan Prakash, Advocate
For the Respondent/s : Mr.Binay Krishna, Spl. PP
Mr. Sajeev Kumar Shrivastava, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 13-01-2026 1. Heard learned counsel for the appellant; learned
Spl. P.P. for the State, Sri Binay Krishna and learned counsel
appearing on behalf of the informant.
2. This is an appeal under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 against the rejection of prayer for
anticipatory bail vide order dated 14.11.2024 passed by the
learned A.D.J. - 1st cum Special Judge, SC/ST (POA) Act,
Bettiah, West Champaran in A.B.P. No. 2259 of 2024 arising out
of Lauriya P.S. Case No. 297 of 2024 dated 01.09.2024
registered for the offences punishable under Sections 103(1)
read with Section 3(5) of the B.N.S. and under Section 3(2)(v)
Patna High Court CR. APP (SJ) No.769 of 2025(5) dt.13-01-2026
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of the SC/ST (POA) Act.
3. Learned counsel for the appellant submits that
appellant has antecedent of one case and the informant alleges
that 31-8-2024, his father after having his dinner, was going to
attend Janmastami pooja at 7:30 PM, when appellant, Sikandar
along with five unknown accused intercepted him and started
assaulting him and when 2-3 villagers came to save him, the
accused persons also assaulted them, further the appellant
assaulted his father by lathi causing injury all over his body,
while Sikandar assaulted him by farsa causing injury on head,
thereafter the villagers brought his father to hospital at Lauriya
from where he was referred to GMCH Bettiah, where he died
during the course of treatment.
4. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that appellant is not named in the
FIR and his name transpired during the course of investigation.
It is further submitted that a detailed order has been recorded in
Cr. App. (SJ) No. 5420 of 2024 (Bhim Yadav vs. the State of
Bihar and Anr.). It is further submitted that the said appeal was
permitted to be withdrawn with liberty to Bhim Yadav to file
afresh if need arises. It is submitted that the case of the appellant
Patna High Court CR. APP (SJ) No.769 of 2025(5) dt.13-01-2026
3/3
is akin to the case of Bhim Yadav, thus seeks permission to
withdraw the appeal with liberty to file afresh if need arises.
5. Permission is accorded.
6. Accordingly, the appeal is dismissed as withdrawn
with the liberty aforesaid.
(Satyavrat Verma, J)
Sumit/-
U T
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