Rishikant Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2833 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- SC/ST District- Kaimur (Bhabua) ====================================================== Rishikant Dubey Son of Late Baleshwar Dubey R/O Bhabua , P.S.- Bhabua, District- Kaimur. At Present Posted as Revenue Clerk, Bhabua Circle, Dist.- Kaimur (Bhabua) ... ... Appellant/s
Versus
1.
The State Of Bihar 2.
Priti Devi Wife of Binod Singh Kharwar R/O Vill.- Kanhanar, P.S.- Adhaura, Dist.- Kaimur, Bhabua ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Rajesh Kumar Mishra, Advocate For the Respondent/s :
Mr. Binay Krishna, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-11-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
2. This appeal has been preferred against the order dated 22.05.2024 passed by the learned Additional Sessions Judge-1st, Kaimur at Bhabua in connection with Anticipatory Bail Petition No. 322 of 2024 arising out of Bhabua S.C./S.T. P.S. Case No. 07 of 2024, registered for the offences under Sections 341, 323, 384, 354, 406, 420 and 34 of the Indian Penal Code and Sections 3(i)(x)(xii)(r)(xi)(s)(w) and 3(2) of the S.C./S.T. (Prevention of Atrocities) Act.
3. As per the prosecution case, the allegation against the appellant and the other accused persons is that, due to a
Patna High Court CR. APP (SJ) No.2833 of 2024(3) dt.11-11-2025 2/3 dispute over money, they abused the informant by taking her caste name.
4. Learned counsel for the appellant submits that the allegations made in the F.I.R. are general and omnibus in nature, and the appellant has been falsely implicated in this case. It is further submitted that no offence under the provisions of the S.C./S.T. (Prevention of Atrocities) Act is made out against the appellant. Hence, the application for anticipatory bail is maintainable. He further relies upon the judgments of the Hon'ble Supreme Court in the cases of Kiran Vs. Rajkumar Jivraj Jain and Anr., reported in 2025 INSC 1067, and Hitesh Verma Vs. State of Uttarakhand, reported in (2020) 10 SCC 710.
5. Learned counsel for the State has opposed the prayer for bail.
6. From a perusal of the FIR, it does not appear that the alleged offence was committed against the informant on the ground that she belongs to the S.C./S.T. community.
7. In these circumstances, and considering the law laid down by the Hon'ble Supreme Court in Kiran Vs. Rajkumar Jivraj Jain and Anr. (supra) and Hitesh Verma Vs. State of Uttarakhand (supra), this application for anticipatory bail is
Patna High Court CR. APP (SJ) No.2833 of 2024(3) dt.11-11-2025 3/3 held to be maintainable.
8. Considering the rival submissions of the parties, this appeal is allowed, and accordingly, the order dated 22.05.2024 passed by the learned Additional Sessions Judge-1st, Kaimur at Bhabua in connection with Anticipatory Bail Petition No. 322 of 2024 arising out of Bhabua S.C./S.T. P.S. Case No. 07 of 2024 is set aside.
9. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st, Kaimur at Bhabua/ concerned Court below in connection with Bhabua S.C./S.T. P.S. Case No. 07 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal/ Section 482(2) of the B.N.S.S.
(Sandeep Kumar, J) Neha/- U T