Rinku Ansari @ Rinku Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2933 of 2025 Arising Out of PS. Case No.-220 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Rinku Ansari @ Rinku Miyan S/o Gufur Ansari @ Gufur Miyan R/o vill - Ismailpur, P.S.- Buxar (M), Distt.- Buxar ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Munna Ram S/o Late Khaderan Ram R/O vill-Ismailpur, P.S.- Buxar (M), Distt.- Buxar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Dr. Kamal Deo Sharma For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2025
1. Heard learned counsel for the appellant and learned Special Public Prosecutor for the SC/ST Act.
2. An order, dated 17.06.2025, passed by learned District and Additional Sessions Judge I -cum- Special Judge SC/ST (POA) Act, Buxar, in ABP No. 654 of 2025, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Buxar (M) Police Station Case No. 220 of 2025 registered for the offence punishable under Sections 126(2)/115(2)/117/109/351/352/3(5) of the
2/4 Bhartiya Nyaya Sanhita and Section 3 (1)(r)(s)/3(2)(va) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected.
3. The prosecution case, as per the First Information Report, is that on 20.05.2025, in the morning, the appellant, along with other accused persons, variously armed with pistol, country made guns, sticks, etc. in their hands came with an intention of killing the informant. It has further been alleged that the appellant, along with co-accused Ashok Gop and Bhikhari Rawat, started abusing the minor daughter of the informant and co-accused Modi Ansari and Ashok started abusing the informant his daughter by their caste name. When the appellant along with coaccused persons instigated to kill the informant, thereafter, the co-accused Modi Ansari and Gaurav Rawat fired upon the informant with their guns due to which he sustained bullet/fire-arm injury.
4. Learned counsel for the appellant submits that as per the allegation made in the First Information Report, the abusive language was used by the appellant at the door step of the informant which is not a public place. He further submits that allegation of firing is upon co-
3/4 accused Modi Ansari and Gaurav Rawat and the injury sustained by the informant is simple in nature.
5. Despite valid service of notice, no one appeared on behalf of the respondent no. 2.
6. Learned counsel for the Special Public Prosecutor for the SC/ST Act opposes the prayer for anticipatory bail and submits that on the instigation of the appellant, firing was made by the co-accused persons.
7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is no allegation of firing upon the appellant and caste name was not taken in full public view by the appellant, I am inclined to grant the appellant privilege of anticipatory bail.
8. This appeal is, accordingly, allowed and the order, dated 17.06.2025, passed by learned District and Additional Sessions Judge I -cum- Special Judge SC/ST (POA) Act, Buxar, in ABP No. 654 of 2025, is set aside.
9. Let the appellant, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount
4/4 each to the satisfaction of learned District and Additional Sessions Judge I -cum- Special Judge SC/ST (POA) Act, Buxar, in connection with Buxar (M) Police Station Case No. 220 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita. (Anil Kumar Sinha, J) ashwani/- U T