Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application is not maintainable.
Summary
The appellant, Rahul Kumar, was charged with offences including murder and assault under the Bihar National Security Act, 2023 and the SC/ST (Prevention of Atrocities) Act. He applied for anticipatory bail, claiming that the prosecution case merely alleged that he had taken away the victim who was later assaulted and died. The High Court examined the FIR allegations and concluded that the seriousness of the charges rendered the anticipatory bail application untenable. Consequently, the court dismissed the appeal and directed the appellant to surrender before the lower court and seek regular bail. The order reflects the court's view that anticipatory bail is not appropriate where the alleged conduct involves grave offences such as murder.
Issues considered
- Whether the anticipatory bail application filed by the appellant is maintainable under the Bihar National Security Act, 2023 and the SC/ST (Prevention of Atrocities) Act.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 3(ii)(v)
Subjects
- anticipatory bail
- criminal appeal
- murder
- assault
- SC/ST Act
- Bihar National Security Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3110 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- TILAUTHU District- Rohtas
======================================================
Rahul Kumar S/o Yogendra Mahto @ Yougendra Kumar Verma Village-
Tilauthu , PO and PS- Tilauthu , Distt.- Rohtas
... ... Appellant/s
Versus
1. The State of Bihar
2. Singari Devi W/o Late Dilip Ram Village- Tilauthu , PO and PS- Tilauthu ,
Distt.- Rohtas
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajani Kant Singh, Advocate
For the Respondent/s : Ms.Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 12-03-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State.
2. This appeal has been preferred against the order
dated 30.06.2025 passed by the learned District and Additional
Sessions Judge -17-cum- Special Judge, SC/ST, Rohtas at
Sasaram in connection with Tilauthu P.S. Case No. 143 of 2025,
registered for the offences under Sections 126(2), 115(2), 109,
352, 351(2), 3(5) of the B.N.S.,2023 and Section 3(ii)(v) of the
S.C./S.T. (Prevention of Atrocities) Act.
3. As per the prosecution case, the appellant is said to
have taken away the victim and thereafter the victim was
assaulted and he died.
Patna High Court CR. APP (SJ) No.3110 of 2025(5) dt.12-03-2026
2/2
4. From the allegations levelled in the F.I.R., I am of
the considered view that the present anticipatory bail application
is not maintainable.
5. Accordingly, this appeal is dismissed with liberty to
the appellant to surrender before the court below and pray for
regular bail.
(Sandeep Kumar, J)
tusharika/-
U T
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