Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal is dismissed and bail is not granted to the appellant at this stage.
Summary
The appellant, Rohit Kumar, was charged under the Bharatiya Nyaya Sanhita, 2023 (Sections 126(2), 115(2), 352, 351(2), 287, 109) and the SC/ST Act (Sections 3(1)(s) & 3(1)(r)) for allegedly setting fire to the petrol tank of an informant's motorcycle on 2 September 2024, causing severe burns. The trial court rejected his bail application, prompting an appeal to the Patna High Court. The appellant argued that the FIR was lodged eight days late, he did not publicly use the informant's caste name, and he had no prior criminal record, contending that no offence under the SC/ST Act was made out. The State opposed bail, emphasizing the direct allegation of arson and the seriousness of the injuries sustained. The High Court, after considering the allegations and the seriousness of the offences, dismissed the appeal and refused bail, directing the trial court to expedite the trial. The court allowed the appellant to file a fresh bail petition if the trial is not concluded within four months of the order.
Issues considered
- Whether bail should be granted to the appellant in view of the alleged arson and assault offences.
- Whether the provisions of the SC/ST Act are attracted when the appellant did not publicly use the informant's caste name.
- Whether the delay in lodging the FIR affects the appellant's right to bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 287, 351(2), 352
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- bail
- arson
- assault
- SC/ST Act
- caste discrimination
- criminal procedure
- high court
- appeal
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1629 of 2025
Arising Out of PS. Case No.-75 Year-2024 Thana- MAIGRA District- Gaya
======================================================
Rohit Kumar S/O Late Krishna Prajapat R/O Vill.- Bikua Kalan, P.S.- Maigra,
Dist.- Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Karan Kumar S/O late Arjun Dom R/O Vill.- Narayanpur, P.S.- Maigra,
Dist.- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md. Javed Jafar Khan, Advocate
For the Respondent/s : Ms. Usha Kumari 1, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 29-01-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 20.03.2025 passed by learned Exclusive
Court of the Special Judge, SC/ST, Gaya whereby the prayer for
bail of the appellant in connection with Maigra PS Case No. 75
of 2024 instituted under Sections 126(2), 115(2), 352, 351(2),
287 & 109 of the Bharatiya Nyaya Sanhita, 2023 and Sections
3(1)(s) & 3(1)(r) of SC/ST Act was rejected.
3. The prosecution case, briefly, is that on 02.09.2024
at about 7:00 P.M., the informant was allegedly abused by
appellant at Bhola Shop, Maigra, due to a prior loan dispute. It
Patna High Court CR. APP (SJ) No.1629 of 2025(3) dt.29-01-2026
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is alleged that appellant set fire to the petrol tank of the
informant’s bike with a matchstick, causing flames to also catch
the informant, who was saved by villagers.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
There is delay of eight days in lodging the FIR. Informant
allegedly sustained 75 % burn injury. Learned counsel for the
appellant further submits that the appellant has not taken the
caste name of the informant in public view. Hence, no offence
under the provisions of SC/ST Act is made out against him. The
appellant has no intention to disgrace the image of the informant
in public view. The appellant is in custody since 22.02.2025 and
has no criminal antecedent.
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant. It is
submitted that there is specific allegation against the appellant
that he lit the motorcycle of the informant due to which he
sustained 75 % burn injury, hence, appellant may not be
released on bail.
6. Considering the aforesaid facts and circumstances
of the case, there being direct allegation against the appellant,
Patna High Court CR. APP (SJ) No.1629 of 2025(3) dt.29-01-2026
3/3
this Court, at this stage, is not inclined to allow the appeal.
Appeal is, accordingly, dismissed.
7. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
8. However, appellant will be at liberty to renew his
prayer for bail in the Court below if the trial is not concluded
within a period of four months from the date of
receipt/production of a copy of this order.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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