Ramashankar Pandit @ Rama Shankar Prajapati@ Ramasankar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3411 of 2025 Arising Out of PS. Case No.-307 Year-2025 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.
Ramashankar Pandit @ Rama Shankar Prajapati@ Ramasankar Pandit Son of Misri Pandit Resident of Village- Sahejani Tola Po -Ghosia Tola PSBikramganj Rohtas District -Rohtas Bihar 802212 2.
Dharmendra Kumar son of Rama Shankar Prajapati @ Rama Shankar Pandit Resident of Village- Sahejani Tola Po -Ghosia Tola PS- Bikramganj Rohtas District -Rohtas Bihar 802212 3.
Deepak Kumar son of Rama shankar Prajapati @ Rama Shankar Pandit Resident of Village- Sahejani Tola Po -Ghosia Tola PS- Bikramganj Rohtas District -Rohtas Bihar 802212 4.
Meena Devi Wife of Rama Shankar Pandit @ Rama Shankar Prajapati Resident of Village- Sahejani Tola Po -Ghosia Tola PS- Bikramganj Rohtas District -Rohtas Bihar 802212 ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Rajesh Kumar Son of Ramakant Paswan Resident of Village- Sahejani Tola Po -Ghosia Tola PS- Bikramganj Rohtas District -Rohtas Bihar 802212 ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Neeraj Kumar, Adv.
For the Respondent/s :
Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-02-2026 Heard Mr. Prakash Kumar, learned counsel for the appellants and Mr. Abhishek Singh Rathore for the informant besides learned Spl. P.P.
2. The present appeal has been filed against the order dated 30-07-2025 passed in Bikramganj case no. 307/2025 dated 06-05-2025 for the offence registered under sections 329(3), 126(2), 115(2), 303(2), 352, 351(2), 3(5) BNS and 3( )i
2/5 (r) SC/ST(POA) pending in the court of Additional District Judge XVII -cum- Special Judge Under SC/ST (POA) ACT, Rohtas At Sasaram whereby the prayer for anticipatory bail of the appellants have been rejected.
3. At the outset, learned counsel for the appellants submit that so far as the appellant no. 2, Dharmendra Kumar is concerned, he may be permitted to withdraw the prayer relating to his bail.
4. Accordingly, the appeal against Dharmendra Kumar stands dismissed as withdrawn.
5. As per the FIR, the informant alleged that earlier on 05.05.2025, he was assaulted by the accused persons and on the subsequent day (06.05.2025), they again came to the door of the informant and Ravi Ranjan Kumar started assaulting. This followed Dharmendra Kumar assaulting on the head but as he tried to save himself, his eye was injured. Deepak Kumar took gold chain while the younger brother of Ravi Ranjan Kumar took away cash amount. They also abused taking caste name. This followed the FIR.
6. Learned counsel for the appellant submits that save and except specific allegation against Dharmendra Kumar of assault which also reflects in the injury report. Omnibus
3/5 allegation is there, though assault theory is there in Ravi Ranjan Kumar, he is not before this Court. The submission is that the entire family members including the mother, father and the younger brother have been implicated in this case.
7. Learned counsel for the informant on the other hand opposes the prayer submitting that caste name was taken and though allegation of assault is on Ravi Ranjan Kumar and Dharmendra Kumar, others also participated.
8. Considering the submissions of the parties as also that allegation is mainly against Ravi Ranjan Kumar and Dharmendra Kumar. While Ravi Ranjan Kumar is not before this Court, the prayer for Dharmendra Kumar has already been withdrawn, none of the appellants have criminal antecedent, in that background, this Court is inclined to extend appellant nos. 1, 3 and 4 (Ramashankar Pandit, Deepak Kumar and Meena Devi respectively) the anticipatory bail with conditions.
9. The impugned order dated 30.07.2025 passed in Bikramganj case no. 307/2025 by Additional District Judge XVII -cum- Special Judge Under SC/ST (POA) ACT, Rohtas At Sasaram stands set aside and the appeal is allowed.
10. Let the appellant nos. 1, 3 and 4 (Ramashankar Pandit, Deepak Kumar and Meena Devi respectively), named
4/5 above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District Judge XVII -cum- Special Judge Under SC/ST (POA) ACT, Rohtas At Sasaram in connection with Bikramganj case no. 307/2025.
(i) one of the bailor should be the family members/relatives of the appellant nos. 1, 3 and 4 (Ramashankar Pandit, Deepak Kumar and Meena Devi respectively), who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show their bona fide;
(ii) the appellant nos. 1, 3 and 4 (Ramashankar Pandit, Deepak Kumar and Meena Devi respectively) shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself; (iii) the appellant nos. 1, 3 and 4 (Ramashankar Pandit, Deepak Kumar and Meena Devi respectively) shall in no way try to induce or promise or threat the witnesses or tamper
5/5 with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the appellant nos. 1, 3 and 4 (Ramashankar Pandit, Deepak Kumar and Meena Devi respectively) shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
(Rajiv Roy, J) Vijay Singh/- U