Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is dismissed and anticipatory bail is denied.
Summary
The appellant, Rahul Kumar, appealed against the order of the Special Judge, SC/ST (POA) Act, Muzaffarpur, which rejected his request for anticipatory bail in a case involving alleged caste‑based assault and multiple offences under the B.N.S. and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that on 30‑11‑2024 the accused, including the appellant, arrived armed, used caste slurs and assaulted the informant’s family. The appellant contended that he was innocent, the FIR was filed after an inordinate delay, the injuries were minor, and no public witness was present, thus negating the applicability of the SC/ST Act. The State highlighted the specific accusations, the appellant’s four prior criminal antecedents, and the seriousness of the offences. Considering the direct nature of the accusations, the appellant’s criminal record, and the seriousness of the alleged offences, the High Court dismissed the appeal and refused anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the appellant in view of the allegations under the B.N.S. and the SC/ST (Prevention of Atrocities) Act.
- Whether the facts alleged constitute an offence punishable 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 Act
- caste based violence
- criminal antecedents
- bail denial
- scheduled castes
- scheduled tribes
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1496 of 2026
Arising Out of PS. Case No.-519 Year-2025 Thana- SAKRA District- Muzaffarpur
======================================================
Rahul Kumar S/O BHola Singh Resident o f Village - Sarmastpur, Police
Station- Sakra, District-Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Bindu Devi W/O Sanjay Ram Resident of Village - Sarmastpur, Police
Station- Sakra, 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.1496 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.
4. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. F.I.R. has been lodged after inordinate
delay. Injuries are simple in nature. For the same occurrence,
earlier, Sakra P.S. Case No. 630 of 2024 was lodged. 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. Appellant has got four criminal antecedents.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and criminal
Patna High Court CR. APP (SJ) No.1496 of 2026(2) dt.25-06-2026
3/3
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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