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Patna High Court

Raushan Kumar @ Prafull KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. APP (SJ) No.3407 of 2025(6) dt.18-04-2026
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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
Patna High Court CR. APP (SJ) No.3407 of 2025(6) dt.18-04-2026
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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
            Patna High Court CR. APP (SJ) No.3407 of 2025(6) dt.18-04-2026
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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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