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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The appellate court set aside the trial court’s order rejecting bail and granted bail to the appellant with conditions.

Summary

The appellant, Raja Kumar, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and IPC sections 137(2) and 140(1) for allegedly abducting a man with a gun. He contended that his involvement was based solely on a co‑accused’s confessional statement and that no prima facie case existed against him. The trial court had rejected his bail application, but the appellant pointed out that a similarly situated co‑accused, Md. Ali, had been granted bail by a coordinate bench. The High Court, noting the lack of substantive evidence and the precedent of bail to the co‑accused, set aside the trial court’s order and granted bail with specified conditions. The appeal was allowed, and the appellant was released on bail pending trial.

Issues considered

  • Whether the appellant is entitled to bail despite the trial court's rejection.
  • Whether a prima facie case under the SC/ST (Prevention of Atrocities) Act exists against the appellant.

Legislation cited

Subjects

  • bail
  • Scheduled Castes and Scheduled Tribes Act
  • IPC sections 137, 140
  • false implication
  • abduction
  • appellate review
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3082 of 2025
                      Arising Out of PS. Case No.-64 Year-2025 Thana- Jhandapur District- Bhagalpur
                 ======================================================
                 Raja Kumar S/o Sri Vidyanand Mandal @ Bidyanand Mandal Resident Of
                 Village- Tarani Basa, Ward No. 05, P.S.- Puraini, District- Madhepura

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Bataso Devi W/o Panjabi Ravidas R/o Vill.- Jayarampur, PS- Jhandapur,
                 Distt.- Bhagalpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Akash Anand, Advocate
                 For the Respondent/s     :        Mrs. Usha Kumari 1, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   09-01-2026                       Heard learned counsel for the appellant and

                   learned Special Public Prosecutor for the State.

                               2. Despite the notice having been validly served,

                   no one appears on behalf of the Respondent No. 2.

                               3. This is an appeal under Section 14(A)(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 against the rejection of prayer for bail

                   vide order dated 23.06.2025 passed in Special SC/ST Case

                   No. 68 of 2025 arising out of Jhandapur P.S. Case No. 64 of

                   2025 passed by the learned District & Addl. Sessions Judge-III-

                   cum-Special Judge (SC & ST Act) Bhagalpur registered for the

                   offence/s punishable u/ss 137(2), 140(1) of the BNS and
Patna High Court CR. APP (SJ) No.3082 of 2025(5) dt.09-01-2026
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          section 3(2) (va) of the SC/ST (POA) Act.

                       4. As per the prosecution case, the informant has

          alleged that while she was taking rest at her Basa, the five

          accused persons along with three unknown persons came

          and abducted the informant’s husband on the point of gun

          and it is further alleged that informant’s son had an old

          enmity with the accused person due to which the accused

          persons took away the informant’s husband by threatening

          to kill him.

                       5. Learned counsel for the appellant submits that

          the appellant has been falsely implicated in the present case

          solely on the basis of the alleged confessional statement of a

          co-accused. It is further submitted that, on a prima facie

          reading of the F.I.R., no offence under the provisions of the

          SC/ST Act is made out against the appellant. Learned

          counsel also points out that the abducted person has already

          been recovered and he in his statement has taken the name

          of the appellant, however, a similarly situated co-accused,

          namely Md. Ali, has been enlarged on bail by a coordinate

          Bench of this Hon’ble Court vide order dated 25.09.2025

          passed in Cr. Appeal (SJ) No. 2903 of 2025. He lastly
Patna High Court CR. APP (SJ) No.3082 of 2025(5) dt.09-01-2026
                                             3/4




          submits that the petitioner has clean antecedent and he is in

          jail since 01.05.2025.

                          6. Learned Spl. P.P. for the State has

          vehemently opposed the bail petition of the appellant.

                          7. Considering the aforesaid submissions and

          taking into account the fact that similarly situated person is

          already been granted bail, the impugned order passed by the

          learned Trial Court dated 23.06.2025 passed in Special

          SC/ST Case No. 68 of 2025 arising out of Jhandapur P.S.

          Case No. 64 of 2025 is accordingly set aside. Let the

          appellant above named be released on bail on furnishing

          bail bonds of Rs.20,000/-(twenty thousand) with two

          sureties of the like amount each to the satisfaction of the

          learned Court below where the case is pending/successor

          court in connection with Special SC/ST Case No. 68 of 2025

          arising out of Jhandapur P.S. Case No. 64 of 2025, subject to

          the following conditions:

                       (i) One of the bailors of the appellant shall be his

          close relative and the other shall be the local resident.

                       (ii) The appellant shall remain physically present

          in Court on each date of the trial.
               Patna High Court CR. APP (SJ) No.3082 of 2025(5) dt.09-01-2026
                                                            4/4




                                      (iii) In case of absence on two consecutive dates

                         or in violation of the terms of the bail, the bail bond of the

                         appellant will be liable to be cancelled by the court

                         concerned.

                                      (iv) If the appellant is found involved in similar

                         nature of offence in future, the prosecution shall be at

                         liberty to move for cancellation of his bail bond.

                                      (v) The learned Court below shall verify the

                         criminal antecedent of the appellant and in case at any stage

                         it is found that the appellant has concealed his criminal

                         antecedent, the court below shall take step for cancellation

                         of bail bond of the appellant. However, the acceptance of

                         bail bonds in terms of the above-mentioned order shall not

                         be delayed for purpose of or in the name of verification.

                                      8. The criminal appeal is allowed.

                                      9. It is made clear that the observation, if any, made

                         in this order, shall be of no bearing during the trial.



                                                   (Sourendra Pandey, J)
aditya/-

U          T


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