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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                             2/3




          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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