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Patna High CourtCR. APP (SJ)/1810/2025allowed

Ravi Kumar @ Ravi Kumar Ravidas v. The State Of Bihar

2026-01-29Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1810 of 2025 Arising Out of PS. Case No.-10 Year-2024 Thana- ARIYARI District- Sheikhpura ====================================================== Ravi Kumar @ Ravi Kumar Ravidas S/O Ramnath Ravidas R/O VillageKasar, P.S- Ariyari (Now Kasar), Dist.- Sheikhpura. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Vikash Kumar S/O Janardan Ravidas R/O Village- Kadar, P.S- Ariyari, Distt.- Sheikhpura.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Bipin Kumar, Advocate For the Respondent/s :

Ms. Usha Kumari 1, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2026

1. Heard learned counsel for the appellant and learned Spl. P.P. 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 anticipatory bail vide order dated 18.03.2025 in A.B.P. No. 135 of 2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Sheikhpura in connection with Ariari (Kasar) P.S. Case No. 10 of 2024 registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code as well as Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.

3. Learned counsel for the appellant submits that

Patna High Court CR. APP (SJ) No.1810 of 2025(5) dt.29-01-2026 2/3 from perusal of the office report dated 15.01.2026, it would manifest that notice has been validly served on respondent no. 2, but respondent no. 2 despite receiving notice chooses not to appear and contest.

4. It is next submitted that appellant is a person with clean antecedent and the informant alleges that on 06.01.2024 at 07:45 PM he was going to his shop when Gautam called him and asked to sit in the shop, on the pretext that he was going to get tea, further Roshan, Ravi and Pappu were present in the shop from before and Roshan with rod and Ravi with an iron punch assaulted him causing three injuries on his head and thereafter Roshan took his chain, further Ravi took out Rs. 3,000/- while Pappu had caught him, as such Ravi and Roshan got an opportunity to assault him and Pappu had conspired the occurrence.

5. Learned counsel for the appellant submits that appellant has been falsely implicated in the instant case by the informant. It is next submitted that the appellant and the informant belongs to the same caste, as such, SC/ST act is not attracted against the appellant. It is also submitted that the date of occurrence is 06.01.2024 and the FIR came to be instituted on 09.01.2024 i.e. after a delay of three days without any plausible explanation. It is next submitted that from perusal of Annexure-3 i.e. injury report, it would manifest that the injury suffered by the

Patna High Court CR. APP (SJ) No.1810 of 2025(5) dt.29-01-2026 3/3 injured has been opined to be simple in nature.

6. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellant.

7. In view of the submissions made by the learned counsel for the appellant, the order dated 18.03.2025 in A.B.P. No. 135 of 2025 passed by the learned 1st Additional Sessions Judgecum-Special Judge S.C./S.T. (POA) Act, Sheikhpura in connection with Ariari (Kasar) P.S. Case No. 10 of 2024, is hereby set aside and the appellant above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ariari (Kasar) P.S. Case No. 10 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.

8. Accordingly the appeal stands allowed.

(Satyavrat Verma, J) Rishabh/- U T