Patna High Court
Rajmohan @ Rajmohan PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied to the appellants.
Summary
The appellants, Rajmohan and his son Sunny Yadav, appealed against the Special Judge's order rejecting their anticipatory bail applications in a case arising from a shooting that resulted in the death of the informant's husband. The FIR alleged that Sunny fired at the husband, with Rajmohan and another accused, Bhusan, present at the scene, and the charges included offences under Sections 103(1) and 3(5) of the B.N.S, Section 3(2)(V) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, and Section 27 of the Arms Act. The appellants argued they had clean antecedents, while the prosecution contended that the presence of Rajmohan and Bhusan emboldened the shooting and that the wife’s allegations were credible. After hearing both sides, the Court found no sufficient ground to grant anticipatory bail, emphasizing the seriousness of the alleged offences and the likelihood of the appellants' involvement. Consequently, the Court rejected the anticipatory bail plea.
Issues considered
- Whether the appellants are entitled to anticipatory bail in view of the allegations under the SC/ST (Prevention of Atrocities) Act, Arms Act and other charges.
- Whether the presence of Rajmohan and Bhusan at the scene justifies denial of bail.
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 103(1), 3(5)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(V)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- Arms Act
- murder
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.233 of 2026
Arising Out of PS. Case No.-496 Year-2025 Thana- DHANARUA District- Patna
======================================================
1. Rajmohan @ Rajmohan Prasad S/O Late Subalal Prasad R/O Village-
Pabhera, P.S.- Dhanrua, Dist.- Patna
2. Sunny Yadav @ Anup Kumar S/O Rajmohan R/O Village- Pabhera, P.S.-
Dhanrua, Dist.- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Sunaina Devi W/O Chaitunath Sapera R/O Village- Pabhera, P.S.- Dhanrua,
Dist.- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sikandar
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard the learned counsel for the appellants and
the learned Special Public Prosecutor for the State.
2. The appellants have challenged the order dated
22.12.2025 passed by the learned Special Judge SC/ST Act,
Patna Sadar in connection with ABP No. 5014 of 2025 arising
out of Dhanrua PS Case No. 496 of 2025, instituted for the
offences under Sections 103(1) and 3(5) of the B.N.S and
Section 3(2)(V) of the Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Act and Section 27 of the Arms Act,
whereby their prayer for grant of anticipatory bail has been
rejected.
Patna High Court CR. APP (SJ) No.233 of 2026(2) dt.17-06-2026
2/3
3. The learned counsel for the appellants submits that
appellants are persons with clean antecedent and the informant
alleges that Rajmohan, Sunny and Bhusan intercepted her and
her husband and Sunny fired on account of which, her husband
got injured and thereafter he was admitted in a hospital from
where he was referred to P.M.C.H where he died during the
course of treatment on 11.08.2025.
4. The learned counsel for the petitioners submits that
from perusal of the allegations as alleged in the FIR, it would
manifest that specific allegation of firing at the husband of the
informant is against Sunny. It is next submitted Rajmohan is
father of Sunny. It is also submitted that it does not appear
probable that father and son together would have committed the
occurrence.
5. The learned Special PP opposes the appeal and
submits that wife had instituted the instant case alleging that her
husband was killed by Sunny and appellant no.1 along with
Bhusan were also present at the place of occurrence. It is
submitted that it does not appear probable that a wife would
falsely try to implicate someone who was not involved in the
killing of her husband. It is also submitted that no doubt,
specific allegation of firing is against Sunny, but then presence
Patna High Court CR. APP (SJ) No.233 of 2026(2) dt.17-06-2026
3/3
of Rajmohan and Bhusan at the place of occurrence emboldened
him to commit the occurrence of firing leading to death of the
husband of the informant.
6. After hearing the learned counsel for the parties,
the Court is not inclined to extend the privilege of anticipatory
bail to the appellants.
7. The prayer of the appellants for anticipatory bail
stands rejected.
(Satyavrat Verma, J)
vikash/-
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