Patna High Court – Orders
Kashinath Rai @ Kashi Nath Rai vs The State Of Bihar on 17 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5618 of 2023
Arising Out of PS. Case No.-287 Year-2023 Thana- KUDRA District- Kaimur (Bhabua)
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1. Kashinath Rai @ Kashi Nath Rai S/O LATE VISHWANATH RAI R/O
VILLAGE- MUNJIYAN, PS. KUDRA, DIST. KAIMUR AT BHABHUA
2. RAM NIWAS RAI S/O LATE VISHWANATH RAI R/O VILLAGE-
MUNJIYAN, PS. KUDRA, DIST. KAIMUR AT BHABHUA
3. AASHISH KUMAR @ AASHISH KUMAR RAI @ SHIVAM KUMAR
RAI S/O SRI NIWAS RAI R/O VILLAGE- MUNJIYAN, PS. KUDRA,
DIST. KAIMUR AT BHABHUA
4. KAUSHAL KUMAR @ KAUSHAL KUMAR RAI S/O RAM NIWAS RAI
R/O VILLAGE- MUNJIYAN, PS. KUDRA, DIST. KAIMUR AT
BHABHUA
... ... Appellant/s
Versus
1. The State of Bihar
2. KRISHNA PASWAN S/O RAM VELAS PASWAN R/O VILLAGE-
MUNJIYAN, PS. KUDRA, DIST. KAIMUR AT BHABHUA
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Rajesh Kumar Singh, Sr.Advocate
For the Resp. No.2 : Mr. Bindeshwar Sah, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.PP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 17-06-2025
Heard Mr. Rajesh Kumar Singh, learned senior
counsel for the appellants, Mr. Bindeshwar Sah, learned
counsel for the Respondent No.2 as well as Mr. Sadanand
Paswan, learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2)
against refusal of the prayer for anticipatory bail by order
dated 07.11.2023 passed by the learned Court of Special
Court, Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, Kaimur at Bhabhua in A.B.P No. 1285 of
Patna High Court CR. APP (SJ) No.5618 of 2023(4) dt.17-06-2025
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2023 arising out of Kudra P.S. Case No. 287 of 2023, F.I.R.
dated 31.07.2023 registered under Sections 147, 148, 149,
341, 323, 307, 379, 504, 506 of the Indian Penal Code and
Sections 3 (i) (r) (s), 3(2)(va) of the Scheduled Castes and
Scheduled Tribes Act.
3. According to the prosecution case, when the
informant’s son protested appellant no.2 who was cutting
soil from wall of the informant, upon this appellant no.2
abused him by caste name. Then the appellants arrived at
the house of the informant and assaulted his family member
and abused them by caste name.
4. Learned counsel for the appellants submits that
appellants have clean antecedent and they have falsely been
implicated in the present case due to admitted land dispute
between the parties and there is case and counter case
between the parties. He further submits that one Title Suit is
going between the parties bearing Title Suit No. 825 of
2020. Although there is specific allegation of assault against
the appellants and the informant side received injury but the
injury report of the injured persons suggest that injury is
simple in nature caused by hard and blunt substance. He
Patna High Court CR. APP (SJ) No.5618 of 2023(4) dt.17-06-2025
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further refers to paragraph no.18 of the judgment reported
in (2020) 10 SCC 710 (Hitesh Verma vs. State of
Uttarakhand & Anr.) which is quoted hereinbelow:-
“Therefore, offence under the Act is not
established merely on the fact that the
informant is a member of Scheduled
Caste unless there is an intention to
humiliate a member of Scheduled Caste
or Scheduled Tribe for the reason that the
victim belongs to such caste. In the
present case, the parties are litigating
over possession of the land. The
allegation of hurling of abuses is against
a person who claims title over the
property. If such person happens to be a
Scheduled Caste, the offence under
Section 3(1)(r) of the Act is not made
out.”
5. Learned Special Public Prosecutor for the State
and learned counsel for Respondent No.2 have vehemently
opposed the prayer for bail of the appellants and submits
that appellants are named in the FIR and they have
assaulted the family members of the informant.
6. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the
Patna High Court CR. APP (SJ) No.5618 of 2023(4) dt.17-06-2025
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provisions of Scheduled Castes and Scheduled Tribes Act is
made out.
7. Considering the aforesaid facts and
circumstances, appellants have clean antecedent and there is
admitted land dispute between the parties and in view of the
aforesaid judgment, no case is made out under SC/ST Act,
let the appellants, above named, in the event of their arrest
to 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) with two surities of the like amount each to
the satisfaction of learned Court of Special Court,
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, Kaimur at Bhabhua in connection with
Kudra P.S. Case No. 287 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
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court and on their absence on two consecutive dates without
sufficient reason, their 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 appellants and in
case at any stage it is found that the appellants have
concealed their criminal antecedent, the court below shall
take step for cancellation of bail bond of the appellants.
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.
8. Accordingly, the impugned order is set aside
and this appeal stands allowed.
(Rajesh Kumar Verma, J)
Suruchi/-
U T