Ranjit Kumar Singh @ Ranjit Yadav @ Rangu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1527 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- ITARHI District- Buxar ====================================================== Ranjit Kumar Singh @ Ranjit Yadav @ Rangu Yadav S/o Late Bala Yadav Resident of Village- Purushottampur, P.S.- Itarhi, District- Buxar ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Parshuram Prasad S/o Late Dwarika Gond R/o vill - Purushottampur, ward no. 1, P.S.- Itarhi, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Akhilesh Kr Pandey, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl. PP For respondent no. 2 :
Mr. Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-11-2025 Heard learned counsel for the appellant, learned counsel for the respondent no. 2 and learned Special Public Prosecutor for the State.
2. This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for bail vide order dated 28.03.2025 passed by the learned District and Additional Sessions Judge-1 cum Special Judge, SC/ST Act, Buxar in A.B.P. No. 267 of 2025 arising out of Itarhi P.S. Case No. 27 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 352, 351(1) of Bharatiya Nyaya Sanhita,
2/4 2023 and 3(i)(r)(s) and 3(2) (Va) of SC/ST Act.
3. The case of the prosecution, in brief, is that on the alleged date of occurrence, when the informant went to the temple, the appellant who is in inebriated condition, started abusing him by taking his caste name. It is alleged that the appellant assaulted the informant by means of iron rod, as a result, the left leg of the informant got fractured. He also sustained injury in right toe and face.
4. Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case. It is further submitted that allegation against the appellant is that he assaulted with iron rod on the person of the informant due to which he sustained injury on different parts of his body i.e. right toe, left leg and face but there is only one injury mentioned in the injury report i.e. fracture of heel bone and the nature of injury was found to be grievous which is not the vital part of the body. It is further submitted that the alleged occurrence took place on 12.02.2025 at 6.30 pm and the F.I.R. was lodged on 13.02.2025 at 10.30 pm i.e. after 24 hours of the occurrence. It is further submitted that the firstly informant went to the hospital for treatment thereafter F.I.R. was lodged. No F.I.R. was lodged in the hospital. Lastly, it is submitted the
3/4 appellant has two criminal cases against him.
5. Learned Special Public Prosecutor for the State as well as learned counsel for the respondent no. 2 have vehemently opposed the prayer of the appellant. Learned counsel for the respondent no. 2 submits that there is specific allegation against the appellant that he assaulted with iron rod on the leg and he sustained grievous injury. The doctor opined that the injury to be grievous in nature caused by hard and blunt object.
6. Having considered the facts and circumstances of the case, let the above named appellant, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-1 cum Special Judge SC/ST, Buxar in connection with Itarhi P.S. Case No. 27 of 2025, subject to the condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. The impugned order dated 28.03.2025 passed in Anticipatory Bail Petition No. 267 of 2025 by the learned District and Additional Sessions Judge-1 cum-Special Judge,
4/4 SC/ST Act, Buxar is hereby set aside.
8. The appeal stands allowed.
(Khatim Reza, J) premchand/- U