Patna High Court
Raushan Kumar @ Prafull KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is allowed and the appellant is granted regular bail subject to conditions.
Summary
The appellant, Raushan Kumar, was charged in a 2019 FIR for multiple offences under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He contended that the FIR did not specifically allege his participation, noting that co‑accused Jangali Singh and Lalu Kumar had already been granted regular bail. The Special Public Prosecutor opposed bail on the ground of three prior criminal cases, though the appellant was already out on bail in those matters. The High Court, applying Section 14(A)(2) of the SC/ST Act, held that the lack of a specific allegation against the appellant warranted the grant of regular bail, subject to strict conditions. Consequently, the court set aside the lower court’s refusal and ordered the appellant’s release on bail with a bond of Rs. 10,000 and two sureties, imposing conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The appeal was allowed.
Issues considered
- Whether the appellant is entitled to regular bail under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act despite being named in the FIR.
- Whether the absence of a specific allegation against the appellant, as opposed to co‑accused, justifies granting bail.
- Whether the appellant’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 341, 354, 365
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14(A)(2), 3(2)(VA), 3(i), 3(r), 3(s), 3(w)
Subjects
- regular bail
- SC/ST Act
- Section 14(A)(2)
- Indian Penal Code
- criminal antecedent
- FIR
- appellate jurisdiction
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3407 of 2025
Arising Out of PS. Case No.-115 Year-2019 Thana- BIKRAM District- Patna
======================================================
Raushan Kumar @ Prafull Kumar S/o- Late Saroj Kumar @ Saroj Singh
Village- Naghar Ps- Bikram Dist- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Rekha Devi W/o- Jitendra Paswan Village- Mojakka Ps- Bikram Dist- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Lovekush Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 18-04-2026 Despite valid service of notice, no one appears on
behalf of the Respondent No. 2.
2. Heard Mr. Lovekush Kumar, learned counsel for
the appellant as well as Mr. Sadanand Paswan, learned Spl.P.P.
for the State.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 09.07.2025
passed by the learned Court of Exclusive Special Judge SC/ST
Act Civil Court (Sadar), Patna in connection with Special Case
No. 165 of 2019 arising out of Bikram P.S. Case no. 115 of
2019, FIR dated 12.04.2019 registered under sections 147, 148,
149, 341, 323, 354(a)(b), 307, 302 and 365 of the ipc and
sections 3(i)(r)(s)(w)(i) and 3(2)(VA) of the scheduled castes
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and scheduled tribes act (prevention of atrocities) act.
4. According to the prosecution case, all the accused
persons including this appellant over a petty dispute brutally
assaulted the informant and her husband and her husband died
during the course of treatment.
5. Learned counsel for the appellant submits that
appellant is innocent and he has falsely been implicated in the
present case. Although the appellant is named in the FIR but
from perusal of the FIR it appears that there is no specific
allegation against the appellant rather the specific allegation is
against the co-accused, Jangali Singh and the said Jangali Singh
has been granted regular bail by a Co-ordinate Bench of this
Court vide order dated 20.11.2019 passed in Cr. App. (SJ) No.
4119 of 2019 and another co-accused, namely, Lalu Kumar has
been granted regular bail by a Co-ordinate Bench of this Court
vide order dated 24.02.2020 passed in Cr. App. (SJ) No. 811 of
2020. The police have submitted charge sheet against the
appellant and the appellant is in custody since 26.06.2025.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellant on the
ground that the appellant carries three criminal antecedents
other than the present one but fairly submits that he is on bail in
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all the said cases.
7. Considering the aforesaid facts and circumstances
of the case that there is no specific allegation against the
appellant rather the same is against Jangali Singh who has been
granted regular bail by a Co-ordinate Bench of this Court, let the
appellant, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Court of
Exclusive Special Judge SC/ST Act Civil Court (Sadar), Patna
in connection with Special Case No. 165 of 2019 arising out of
Bikram P.S. Case no. 115 of 2019, with other following
conditions:-
i. Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at
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any stage it is found that the appellant have 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. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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