Patna High Court – Orders
Rishi Ranjan vs The State Of Bihar on 22 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.671 of 2024
Arising Out of PS. Case No.-323 Year-2023 Thana- DHORAIYA District- Banka
======================================================
1. Rishi Ranjan S/O OM PRAKASH SINGH R/O VILLAGE- BARERI, PS.-
DHORAIYA, DIST.- BANKA.
2. ANSURAJ RANJAN @ ANSURAJ KUMAR S/O PAWAN KUMAR
SINGH R/O VILLAGE- BARERI, PS.- DHORAIYA, DIST.- BANKA.
3. SHIVESH RANJAN BHARTI @ AVINASH KUMAR S/O PAWAN
KUMAR SINGH R/O VILLAGE- BARERI, PS.- DHORAIYA, DIST.-
BANKA.
4. PAWAN KUMAR SINGH S/O BHAAGWAN PRASAD SINGH R/O
VILLAGE- BARERI, PS.- DHORAIYA, DIST.- BANKA.
... ... Appellant/s
Versus
1. The State of Bihar
2. DOMAN KISKU S/O LATE HUPAN KISKU R/O VILLAGE- BARERI,
PS.- DHORAIYA, DIST.- BANKA.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mritunjay Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 22-07-2025
Heard Mr. Mritunjay Singh, learned counsel for the
appellants and Mr. Binay Krishna, 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
refusal of the prayer for anticipatory bail by order dated
10.01.2024 passed by the learned Additional Sessions Judge-I-
cum Special Judge, S.C./S.T. Act in connection with Dhoraiya
P.S. Case No. 323 of 2023, F.I.R. dated 15.11.2023 registered
Patna High Court CR. APP (SJ) No.671 of 2024(4) dt.22-07-2025
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under Sections 341, 323, 324, 448, 385, 504, 506 and 34 of the
Indian Penal Code and Sections 3(i)(r)(s)(w) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes Act.
4. According to the prosecution case, on 13.11.2023 at
around 11:00 A.M., when the appellants were allegedly forcibly
constructing a hut on the informant’s land. Upon the informant’s
objection, the accused were armed with axe, garasa, sword,
lathi and farsa allegedly attacked the informant on the head with
a sharp-edged weapon, causing injury. The informant’s son, who
tried to intervene, was assaulted with an axe, resulting in a neck
injury. The accused also allegedly threatened to kill the victims.
5. Learned counsel for the appellants submits that
appellants have clean antecedent. It appears from the F.I.R. itself
that due to admitted land dispute the present occurrence has
taken place and there is a case and counter case. Although the
appellants are named in the F.I.R., but from a bare perusal of the
F.I.R., it appears that specific allegation of assault is against co-
accused person, namely, Ritwij Singh. Although, specific
allegation is against appellant no. 2, namely, Anshuraj to assault
Sonelal Hembram but there is no injury report available on the
record which suggests that he has received no injury. He further
refers to paragraph no.18 of the judgment reported in (2020) 10
Patna High Court CR. APP (SJ) No.671 of 2024(4) dt.22-07-2025
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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.”
6. In view of paragraph-18 of the aforesaid judgment
and in the background of the land dispute, no case is made out
under SC/ST Act against the appellants.
7. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellants.
8. 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.
9. Considering the aforesaid facts and merely on the
ground of land dispute as well as the judgment as mentioned
aforesaid, let the appellants, above named, in the event of their
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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-1-cum Special
Judge, S.C./S.T. Act, Banka in connection with Dhoraiya P.S.
Case No. 323 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
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the appellants tamper 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
Patna High Court CR. APP (SJ) No.671 of 2024(4) dt.22-07-2025
5/5cancellation 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.
10. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Neha/-
U T
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