Patna High Court
Nand Kishore RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed the appellant’s anticipatory bail, setting aside the trial court’s order rejecting it.
Summary
An FIR dated 10 January 2018 alleged that the appellant, Nand Kishore Rai, along with others, entered a house and assaulted the female occupant with knives and other weapons, causing injuries, theft of jewellery and mobile phone, and caste-based abuse. The appellant contended that he was falsely implicated due to a land dispute and that no specific overt act was alleged against him, noting that the police charge‑sheet did not send him to trial. The Special Judge had taken cognizance of three other accused under various IPC and SC/ST Act provisions, but the appellant’s anticipatory bail application was rejected by the trial court. On appeal, the Patna High Court examined the nature of the accusations, the material on record, and the appellant’s claim of innocence, and concluded that bail could be granted subject to conditions. Consequently, the appellate court set aside the trial court’s order and allowed the appellant’s anticipatory bail with a bond of Rs 10,000 and two sureties.
Issues considered
- What is the appropriate exercise of discretion by the trial court in granting or refusing anticipatory bail to the appellant under the IPC and SC/ST Act?
- Whether the material on record justifies the denial of anticipatory bail in view of the appellant’s claim of false implication and lack of specific overt act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 319
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 354B, 379, 448, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(g), 3(1)(p), 3(1)(r), 3(1)(w), 3(1)(z)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- caste based violence
- IPC
- false implication
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.844 of 2025
Arising Out of PS. Case No.-3 Year-2018 Thana- SC/ST District- Patna
======================================================
Nand Kishore Rai S/O Late Dineshwar Rai @ Dileshwar Rai R/O Mohalla-
Badal Tola, Haldi Chapra, P.S- Maner, Distt.- Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Anita Kumari D/O Sri Raj Kumar Ram R/O Mohalla- Maner Bazar, P.S-
Maner, Distt.- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. D.K. Sinha, Sr. Advocate
Mr. Alexander Ashok, Mr. Jawed Akhtar,
Mr. Anil Kumar Sinha, Advocates
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
For the R.No. 2 : Mr. Pradhan Murli, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 12-03-2026 Heard learned counsel for the appellant, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
22.01.2025 passed by learned Exclusive Special Judge SC/ST
Act, Civil Court, (Sadar) Patna in ABP No. 79 of 2025 arising
out of SC/ST P.S. Case No. 03 of 2018, registered under
Sections 147, 148, 149, 448, 341, 323, 324, 307, 379, 354(B),
504, 506 of the Indian Penal Code and Section 3(1)(r), 3(1)(g),
3(1)(p), 3(1)(w), 3(1)(z) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, whereby the prayer for
Patna High Court CR. APP (SJ) No.844 of 2025(4) dt.12-03-2026
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anticipatory bail of appellant has been rejected.
3. As per F.I.R., on 10.01.2018 at about 11 AM, when
informant was cooking food in her house, all the F.I.R. named
accused persons, including this appellant, entered the house and
assaulted her by means of knife, rod, sword as a result of which
she sustained injuries. It is further alleged that when brother of
the informant came to save her, he was also assaulted. The
accused persons also snatched gold earrings, gold chain and a
mobile phone and abused informant by caste name.
4. Learned counsel for the appellant submits that
appellant is innocent and has committed no offence. As a matter
of fact, appellant has falsely been implicated in this cases due to
land dispute between the parties. Allegation of assault is general
and omnibus and there is no allegation of any specific overt act
against the appellant. Police after investigation submitted
chargesheet against other accused persons whereas this
appellant and co-accused Vishawajit Kumar have not been sent
up for trial as they were not found guilty of the offences.
Accordingly, learned Special Judge, SC/ST Act, Patna has taken
cognizance against three persons namely, Avinash Kumar,
Abhitabh Kumar and Kamal Kishore Rai under Sections 147,
148, 149, 448, 341, 323, 307, 324, 379, 504, 506 and 354B of
Patna High Court CR. APP (SJ) No.844 of 2025(4) dt.12-03-2026
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the Indian Penal Code and Sections 3(1) (r) (s) (g) (p) (w) (z) of
the SC/ST Act and accepted final form, not sent up for trial
against the appellant. However, during trial respondent no. 2
filed a petition under Section 319 Cr.P.C on 21.12.2023. It is not
the case of informant that the alleged incident occurred within
public view and as such, no case under SC/ST Act is made out
against the appellant. Rest of the allegations are ornamental only
to make the case grave.
5. Learned counsel for the respondent no. 2
vehemently opposed the bail application and submitted that
injury caused by this appellant is grievous in nature.
6. Considering the nature of accusation and materials
available on record, let the appellant, as named above, in the
event of his arrest/surrender within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
SC/ST Act, Civil Court, (Sadar) Patna in ABP No. 79 of 2025
arising out of SC/ST P.S. Case No. 03 of 2018.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 22.01.2025 is set aside with respect to
Patna High Court CR. APP (SJ) No.844 of 2025(4) dt.12-03-2026
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this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
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