Ram Pravesh Raye @ Ram Pravesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.539 of 2025 Arising Out of PS. Case No.-169 Year-2024 Thana- NATWAR District- Rohtas ====================================================== 1.
Ram Pravesh Raye @ Ram Pravesh Ray Son of Late Nihora Ray R/OVillage- Karhansi, PS- Natwar Bazar, District- Rohtas 2.
Binod Ray @ Binod Kumar Ray Son of Ram Pravesh Raye @ Ram Pravesh Ray R/O-Village- Karhansi, PS- Natwar Bazar, District- Rohtas 3.
Amod Ray Son of Ram Pravesh Raye @ Ram Pravesh Ray R/O-VillageKarhansi, PS- Natwar Bazar, District- Rohtas 4.
Sappu Ray @ Sapu Kumar Son of Ram Pravesh Raye @ Ram Pravesh Ray R/O-Village- Karhansi, PS- Natwar Bazar, District- Rohtas ... ... Appellant/s
Versus
1.
The State of Bihar Bihar 2.
Narendra Ram Son of Late Moti Lal Ram Resident of Village- Karhansi, P.S.- Natwar Bazar, Distt.- Rohtas ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Vivekanand Singh, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2025 Heard learned counsel for the appellants and State.
2. This appeal has been filed against the order dated 08.01.2025 passed by learned Additional District and Sessions Judge-17th-cum-Special Judge, SC/ST (POA) Act, Sasaram, Rohtas in connection with Natwar P.S. Case No. 169 of 2024, registered under Sections 126(2), 115(2), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita and Sections 3(1), 3(v), 3(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of
Patna High Court CR. APP (SJ) No.539 of 2025(4) dt.22-07-2025 2/3 appellants has been rejected.
3. Prosecution case, in brief, is that on 11.09.2024 at about 8 AM, when informant went to the house of appellant no. 1 to demand his due daily wages, these appellants abused him by caste name and ousted him from their house. It is further alleged that on 11.09.2024 at about 6 PM, while informant was going towards the canal for walk, in the meantime, these appellants assaulted informant by means of lathi and danda and abused him by caste name.
4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. Allegation of assault is general and omnibus. There is no specific accusation of overt act against appellants. He next submits that all sections of the Bharatiya Nyaya Sanhita are bailable and no offence under SC/ST Act is made out against appellants as it is not the case of informant that alleged incident occurred within public view.
5. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application and submitted that there is specific accusation that these appellants assaulted and abused informant by caste name. Appellant nos. 1 & 2 have got six criminal antecedents and appellant nos. 3 & 4 have got five
Patna High Court CR. APP (SJ) No.539 of 2025(4) dt.22-07-2025 3/3 criminal antecedents.
6. Considering the gravity of accusation and criminal antecedents, I do not find any ground to interfere with the order of the learned court below and as such, the appeal, which has been filed for grant of anticipatory bail, is hereby rejected. (Prabhat Kumar Singh, J) Navya/- U T