Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The High Court set aside the lower court’s order refusing bail and granted bail to the appellant.
Summary
The appellant, Rahul Kumar, appealed against the order of the Exclusive Special Judge that denied him bail in a case alleging he participated in a firing that killed the informant's son, with charges under the Bharatiya Nyaya Sanhita, the SC/ST Act and the Arms Act. The appellant contended that he was falsely implicated, that the charge sheet was vague, and that no specific allegation under the SC/ST Act was made against him. The prosecution opposed bail, emphasizing the seriousness of the offences. The High Court, noting the appellant's lack of prior criminal record, the prolonged custody since November 2024, and the fact that co‑accused had been granted bail in a similar case, found no justification to continue detention. Consequently, the Court set aside the lower court’s order and granted bail on condition of a bond and sureties. The appeal was therefore allowed.
Issues considered
- Whether the appellant is entitled to bail despite charges under Sections 127, 103, 351, 3 of the Bharatiya Nyaya Sanhita, the SC/ST Act and the Arms Act.
- Whether the charge sheet specifically implicates the appellant under the SC/ST Act.
- Whether the appellant's custody period and lack of prior record justify granting bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 127(1), 127(2), 3(5), 351(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va)
Subjects
- bail
- criminal procedure
- SC/ST Act
- Arms Act
- Bharatiya Nyaya Sanhita
- murder
- caste discrimination
- court order set aside
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1894 of 2025
Arising Out of PS. Case No.-492 Year-2024 Thana- TEKARI District- Gaya
======================================================
Rahul Kumar S/O Rangi Paswan R/O Village- Kharagpur, P.S- Tekari, Distt.-
Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Anil Kumar S/O Late Haricharan Paswan @ Harichanran Paswan R/O
Village- Jagdishpur, P.S- Manikpur, Distt.- Arwal.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prithivi Raj Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and perused the case
diary.
2. The instant appeal has been filed by the appellant
against the order dated 18.01.2025 passed by learned Exclusive
Special Judge S.C. & S.T., Gaya whereby the prayer for bail of
the appellant in connection with Tekari P.S. Case No. 492 of
2024 under Sections 127(1), 127(2), 103(1), 351(2), 3(5) of the
Bharatiya Nyaya Sanhita, 2023, read with Sections 3(2)(va),
3(2)(v), 3(1)(s), 3(1)(r) of SC/ST Act and Section 27 of the
Arms Act was rejected.
3. Prosecution case, in short, is that the appellant
Patna High Court CR. APP (SJ) No.1894 of 2025(4) dt.15-01-2026
2/3
along with other co-accused persons made harsh firing due to
which son of the informant was killed.
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.
Learned counsel for the appellant also submits that no specific
allegation has been made against the appellant rather the same is
general and omnibus in nature. Specific allegation of firing is
made upon co-accused, namely, Amod Kumar. 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
28.11.2024 and has got no criminal antecedent. Similar co-
accused have been granted bail by this Court vide order dated
03.07.2025 passed in Cr. Appeal (S.J.) No. 1617 of 2025.
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Patna High Court CR. APP (SJ) No.1894 of 2025(4) dt.15-01-2026
3/3
Accordingly, the appeal is allowed and order dated 18.01.2025
passed by learned Exclusive Special Judge S.C. & S.T., Gaya is
hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Tekari P.S. Case No.
492 of 2024.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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