Patna High Court – Orders
Ranjan Kumar vs The State Of Bihar on 15 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2012 of 2024
Arising Out of PS. Case No.-712 Year-2023 Thana- DHANARUA District- Patna
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Ranjan Kumar SON OF LATE TRIPIT YADAV resident of village- Oiyara,
P.O.- Veer, P.S.- Dhanarua,DIST- PATNA
... ... Appellant/s
Versus
1. The State of Bihar
2. BHAGIRATH PASWAN @ MONU KUMAR SON OF LATE RAM
NARESH PASWAN VILLAGE- OIYARA, PO- VEER, P.S.- DHANARUA,
DIST- PATNA
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Kumar Chandra Shekhar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 15-07-2025
I.A. No. 01 of 2025
The present Interlocutory Application No. 01 of 2025
has been filed in view of the order dated 01.07.2025 in which
time has been granted to file jointness petition.
2. For the reasons stated in Interlocutory Application
No. 01 of 2025, the jointness petition is allowed.
3. Accordingly, I.A. No. 01 of 2025 stands allowed.
Cr. Appeal (SJ) No. 2012 of 2024
Heard Mr. Kumar Chandra Shekhar, learned counsel
for the appellant and Mr. Sadanand Paswan, learned Spl.P.P. for
the State.
2. Despite valid service of notice upon Respondent
No.2, no one appears on behalf of Respondent No.2.
3. This is an appeal under Sections 14(A)(2) against
Patna High Court CR. APP (SJ) No.2012 of 2024(4) dt.15-07-2025
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refusal of the prayer for anticipatory bail by order dated
12.03.2024 passed by the learned Exclusive Special Judge,
S.C./S.T. Court, Patna in connection with Dhanarua P.S. Case
No. 712 of 2023, F.I.R. dated 13.11.2023 registered under
Sections 323, 341, 308, 504, 379 and 34 of the Indian Penal
Code and Section 3(i)(r)(s) of the Scheduled Castes and
Scheduled Tribes Act.
4. According to the prosecution case, the informant
alleges that on 12.11.2023 around 5:00 P.M., while he was at his
door with his younger daughter, Aman Kumar (son of appellant)
came and burst crackers, then abused him using caste slurs.
When he objected, Aman Kumar along with co-accused, Pappu
Yadav allegedly assaulted him and made derogatory remarks.
Subsequently, co-accused persons allegedly entered the
informant’s house and snatched his wife’s Mangalsutra and
chain worth Rs. 45,000/-. Further, appellant and other co-
accused person allegedly held the informant’s wife at gunpoint.
5. Learned counsel for the appellant submits that the
appellant has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R. is false and fabricated and the appellant has not
committed any offence as alleged in the F.I.R. The occurrence is
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alleged to have taken place in the house of the informant and the
provisions of the Scheduled Castes/Schedulted Tribes
(Prevention of Atrocities) Act shall not be attracted against the
appellant and the present F.I.R. is instituted by the informant
only to harass the appellant.
6. Learned Special Public Prosecutor for the State, on
the other hand, has vehemently opposed the prayer for bail of
the appellant.
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 facts, appellant has clean
antecedent and the occurrence took place at the house of the
informant, no offence is made out against S.C./S.T. Act, let the
appellant, above named, in the event of his 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) with two
surities of the like amount each to the satisfaction of learned
Exclusive Special Judge, S.C./S.T., Patna in connection with
Dhanarua P.S. Case No. 712 of 2023, subject to the condit ions as
laid down under Section 438(2) of the Code of Criminal Procedure/
Patna High Court CR. APP (SJ) No.2012 of 2024(4) dt.15-07-2025
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Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023
and with other following conditions:-
i. Appellant 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
on their absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant 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 appellant has 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)
Neha/-
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