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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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