Ramakant Ram @ Ramakant Chandrawanshi v. The State of Bihar
CR. APP (SJ)/2282/2025 · 2026-03-19
Prabhat Kumar Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 5300 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5300 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2282 of 2025 Arising Out of PS. Case No.-41 Year-2018 Thana- TEKARI District- Gaya ======================================================
1. Ramakant Ram @ Ramakant Chandrawanshi S/O Bhagwat Ram R/O Village-Harnamath, PS-Tikari, Distt-Gaya
2. Sunil Ram S/O Ramashish Ram R/O Village-Harnamath, PS-Tikari, Distt- Gaya
3. Dharmendra Ram @ Dharmendra Kumar S/O Balmukund Ram R/O Village- Harnamath, PS-Tikari, Distt-Gaya
4. Bitu Kumar S/O Ramakant Ram R/O Village-Harnamath, PS-Tikari, Distt- Gaya
5. Pradeep Ram @ Pradeep Kumar S/O Shambhu Ram R/O Village- Harnamath, PS-Tikari, Distt-Gaya ... ... Appellant/s Versus
1. The State of Bihar
2. Rajdev Chaudhary S/O Late Mukhlal Chaudhary R/O Village-Harnamath, PS-Tikari, Distt-Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Ajay Kumar Sinha, Advocate For the State : Mr. Binay Krishna, Spl.PP For Respondent No. 2 : Mr. Satrudhan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 8 19-03-2026 Heard learned counsel appearing for the appellants, learned Special Public Prosecutor appearing for the respondent- State and learned counsel appearing for the informant/Respondent No. 2. 2. This appeal has been filed for setting aside order dated 29.04.2025 passed in a case registered for the offence punishable under Sections 341, 342, 323, 325, 308, 427, 504,
Patna High Court CR. APP (SJ) No.2282 of 2025(8) dt.19-03-2026 2/3 506 and 34 of the Indian Penal Code and Section 3(i)(r)(f)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected. 3. The prosecution case, in brief, is that on 10.02.2018 at about 8:30 PM, all the F.I.R. named accused persons, including these appellants, armed with lathi and danda, assaulted daughter and son of informant, abused them with caste based slurs and also threatened them of dire consequences. 4. It is submitted by learned counsel appearing on behalf of the appellants that appellants are quite innocent and have committed no offence. Due to long standing land dispute between the parties, this false and concocted case has been lodged. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these appellants. Moreover, there is no injury report on record to substantiate the allegation of assault.
It is further submitted that the appellants themselves are members of the S.C. community and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against these appellants. Appellants claim clean antecedents. 5. Learned Spl. P.P. appearing for the respondent-State
Patna High Court CR. APP (SJ) No.2282 of 2025(8) dt.19-03-2026 3/3 and learned counsel appearing for the informant/Respondent No. 2 have vehemently opposed the prayer for grant of bail to the appellants. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the appellants, this appeal is allowed and the impugned order dated 29.04.2025 passed by the learned Exclusive Special Judge, SC/ST, Gaya in connection with A.B.P. No. 109 of 2025 arising out of Tekari P.S. Case No. 41 of 2018 is hereby set aside with respect to these appellants only. 7. Accordingly, let the appellants, named 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 learned Exclusive Special Judge, SC/ST, Gaya in connection with Tekari P.S. Case No. 41 of 2018. shashank/- (Prabhat Kumar Singh, J) U T