Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is dismissed and anticipatory bail is denied.
Summary
The appellant, Raja Kumar, appealed against the Special Judge's order rejecting his anticipatory bail in a case alleging that he, along with others, entered the informant's house armed, used caste‑based slurs and assaulted the informant with the butt of a pistol. The prosecution charged him under several sections of the Bihar Penal Code (B.N.S.) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant contended he was falsely implicated and that no public member was present, thus no SC/ST offence arose. The State opposed bail, emphasizing the specific accusations and the appellant's prior criminal antecedents. The High Court, after considering the direct nature of the allegations and the appellant's antecedents, dismissed the appeal and refused anticipatory bail.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite the specific accusations of armed assault and caste‑based harassment.
- Whether the facts alleged constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the appellant's prior criminal antecedents justify denial of bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(i), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- caste based violence
- criminal antecedents
- pre‑arrest bail denial
- armed assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1462 of 2026
Arising Out of PS. Case No.-519 Year-2025 Thana- SAKRA District- Muzaffarpur
======================================================
Raja Kumar Son of Bhola Singh Resident of Village- Sarmastpur, P.S.- Sakra,
District- Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Bindu Devi Wife of Sanjay Ram Resident of Village- Samrastpur, P.S.-
Muzaffarpur, District- Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Shashank Shekhar, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel appearing for the appellant and
learned Special Public Prosecutor appearing for the respondent-
State.
2. This appeal has been filed for setting aside order
dated 28.02.2026 passed by the learned Special Judge, SC/ST
(POA) Act, Muzaffarpur in connection with A.B.P. No. 3898 of
2025 arising out of Sakra P.S. Case No. 519 of 2025, registered
for the offence punishable under Sections 126(2), 115(2), 352,
351(2), 74, 303(2) and 3(5) of the B.N.S. and Sections 3(1)(r),
3(1)(s) and 3(1)(i) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, whereby the prayer for
grant of anticipatory bail of this appellant has been rejected.
Patna High Court CR. APP (SJ) No.1462 of 2026(2) dt.25-06-2026
2/3
3. As per prosecution case, it is alleged that on
30.11.2024, all the F.I.R. named accused persons, including this
appellant, came armed with weapons, started abusing informant
and his family members with caste based slurs and assaulted
them. It is further alleged that this appellant assaulted informant
with butt of pistol.
4. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. Appellant has falsely been implicated in
this case with ulterior motive. It is further submitted that it is not
the case of the prosecution that any member of public was
present at the place of occurrence and as such, no case under the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is made out against this appellant.
5. On the other hand, learned Spl. P.P. appearing for
the respondent-State has vehemently opposed the prayer for
grant of bail to the appellant and submitted that appellant is
named in the F.I.R. and there is specific accusation that he,
along with other accused persons, armed with weapons, came to
the house of informant, abused them with caste based slurs and
assaulted them. This appellant is alleged to have assaulted
informant with butt of pistol and has got four criminal
Patna High Court CR. APP (SJ) No.1462 of 2026(2) dt.25-06-2026
3/3
antecedents.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and criminal
antecedents of the appellant, appellant’s prayer for grant of pre-
arrest bail is rejected and this appeal is, accordingly, dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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