Patna High Court – Orders
Batuk Rai @ Ranvijay Rai vs The State Of Bihar on 5 August, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.864 of 2024
Arising Out of PS. Case No.-291 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar
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1. Batuk Rai @ Ranvijay Rai S/O Ram Vichar Rai R/O Village- Arjunpur, P.S-
Buxar Industrial, Dist.- Buxar.
2. Golu Rai @ Ashutosh Rai S/O Munna Rai R/O Village- Arjunpur, P.S-
Buxar Industrial, Dist.- Buxar.
3. Chandan Rai S/O Krishna Narayan Rai R/O Village- Mangrawan, P.S-
Rajpur, Dist.- Buxar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Poonam Devi W/O Lalbabu Ram R/O Village And Post- Arjunpur, P.S-
Buxar Industrial, Distt.- Buxar.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ravi Shankar Pathak, Advocate
For the State : Ms. Usha Kumari 1, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 05-08-2025
Heard Mr. Ravi Shankar Pathak, learned counsel for
the appellants as well as Ms.Usha Kumari 1, learned Spl.P.P. for
the State.
2. Despite filing of Vakalatnama on behalf of
Respondent No. 2, no one appears on behalf of respondent No.
2.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
23.12.2023 passed by the learned Additional Sessions Judge-1st-
cum-Special Judge SC/ST (POA) Act, Buxar in connection with
Buxar (I) P.S. Case No. 291 of 2023 (ABP No. 1759 of 2023),
Patna High Court CR. APP (SJ) No.864 of 2024(4) dt.05-08-2025
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F.I.R. dated 20.10.2023 registered under Sections 147, 149, 448,
342, 365, 354(B), 427, 379, 504, 506, 335 of the Indian Penal
Code and Sections 3 (i) (r) (s) (wi) & 3(2)(iv)(va) of the
Scheduled Castes and Scheduled Tribes Act.
4. According to the prosecution case, appellants are
alleged to have forcibly entered the house of the informant and
tried to outrage her modesty and threatened to kill her. It is
further alleged that the appellants kidnapped the husband of the
informant with intention to kill him.
5. Learned counsel for the appellants submits that
appellants have clean antecedent. The allegation as alleged in
the F.I.R. is false and fabricated and the appellants have not
committed any offences as alleged in the F.I.R. From a bare
perusal of the FIR, it appears that this occurrence took place in
the house of the informant, so no case is made out under the
SC/ST Act against the appellants. Apart from that there is no
specific allegation of assault or any overt act attributed against
the appellants, rather there is general and omnibus against all
the accused persons including the appellants. In fact, the brother
of appellant No.2, namely, Abhishek Raj, is seizure witness in
connection with Buxar (I) P.S. Case No. 292 of 2023 in which
four bottles of wine was recovered from the motorcycle of the
Patna High Court CR. APP (SJ) No.864 of 2024(4) dt.05-08-2025
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husband of the informant and due to this reason, appellants and
their family members have falsely been implicated in this case.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellants.
7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Castes and Scheduled Tribes Act is made out.
8. Considering the aforesaid, let the appellants, above
named, in the event of their arrest or surrender before the Court
below within a period of thirty days from the date of receipt of
the order, be released on anticipatory bail on furnishing bail
bond of Rs. 10,000/- (Ten thousand) each with two surities of
the like amount each to the satisfaction of learned Additional
Sessions Judge-1st-cum-Special Judge SC/ST (POA) Act, Buxar
in connection with Buxar (I) P.S. Case No. 291 of 2023 (ABP
No. 1759 of 2023), subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 and with
other following conditions:-
i. Appellants shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. APP (SJ) No.864 of 2024(4) dt.05-08-2025
4/4on their absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellants tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at
any stage it is found that the appellants have concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
sauravkrsinha/-
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