Patna High Court
Rishu Kumar @ Rajeev Ranjan RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is released on bail.
Summary
The appellant, Rishu Kumar, was charged with murder and related offences under Sections 147, 148, 149, 341, 323, 302 and 504 of the IPC and Sections 3(i)(r)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act for the death of the informant's son, Niranjan Kumar, who was allegedly assaulted by a group of accused. The prosecution alleged that the appellant participated in the assault that led to the victim's death, while the defence argued that there was no specific allegation against the appellant and that he did not utter any caste‑based insult in public. The appellant also highlighted that other co‑accused had been granted bail in similar cases. The Additional Sessions Judge had rejected the bail application, leading to the present appeal. The Patna High Court, noting the absence of a specific charge against the appellant and the length of his custody, set aside the lower court’s order and allowed the appeal. Consequently, the appellant was released on bail upon furnishing a bond of Rs.15,000 with two sureties.
Issues considered
- Whether the appellant is entitled to bail despite being charged with murder and offences under the SC/ST Act.
- Whether there is a specific allegation against the appellant under the SC/ST (Prevention of Atrocities) Act.
- Whether the period of custody and lack of direct evidence justify granting bail.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 323, 341, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v), 3(i)(r)(s)
Subjects
- bail
- murder
- SC/ST Act
- criminal procedure
- caste based offence
- IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3784 of 2025
Arising Out of PS. Case No.-50 Year-2023 Thana- NOORSARAI District- Nalanda
======================================================
Rishu Kumar @ Rajeev Ranjan Raj Son of Upendra Prasad @ Upendra Yadav
Resident of village - Prahalad Nagar, P.S.- Noorsarai, District - Nalanda.
... ... Appellant/s
Versus
1. The State of Bihar
2. Jitendra Kumar Son of Ishwar Tanti Resident of village - Jalalpur, P.S.-
Noorsarai, District - Nalanda 803113
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Kumar Sinha, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
For the Informant : Mr. Majid Mahboob Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State and learned counsel for the
informant.
2. The instant appeal has been filed by the appellant
against the order dated 03.07.2025 passed by learned Additional
Sessions Judge-VI-cum-Special Judge, SC/ST, Nalanda at Bihar
Sharif whereby the prayer for bail of the appellant in connection
with Noorsarai PS Case No. 50 of 2023 instituted under
Sections 147, 148, 149, 341, 323, 302 & 504 of the Indian Penal
Code (for short ‘IPC’) and Sections 3(i)(r)(s) & 3(2)(v) of
SC/ST Act was rejected.
3. Prosecution case, in short, is that on 08.02.2023,
Patna High Court CR. APP (SJ) No.3784 of 2025(4) dt.15-01-2026
2/3
the informant’s son Niranjan Kumar was taken to Prahlad Nagar
by his friends Suraj Kumar and Dinesh Kumar, where he was
brutally assaulted by named accused along with 8–10 unknown
persons. He was taken for treatment but later succumbed to his
injuries at Sadar Hospital, Biharsharif.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. It is
submitted that specific allegation is against other co-accused
person. Informant is not the eye witness of the occurrence.
Learned counsel for the appellant further submits that the
appellant has not taken the caste name of the informant in public
view. Hence, no offence under the provisions of SC/ST Act is
made out against him. The appellant has no intention to disgrace
the image of the informant in public view. The appellant is in
custody since 03.07.2025 and has two criminal antecedents.
Similar co-accused have been granted bail by a Coordinate
Bench of this Court vide order dated 12.10.2023 passed in Cr.
Appeal (S.J.) No. 2470 of 2023 and Cr. Appeal (S.J.) No. 3646
of 2023.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
Patna High Court CR. APP (SJ) No.3784 of 2025(4) dt.15-01-2026
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petitioner.
6. Considering the aforesaid facts and circumstances
of the case, there being no specific allegation against the
appellant and the period of custody undergone by the appellant,
this Court is inclined to allow this appeal. Accordingly, the
appeal is allowed and order dated 03.07.2025 passed by learned
Additional Sessions Judge-VI-cum-Special Judge, SC/ST,
Nalanda at Bihar Sharif is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Noorsarai PS Case
No. 50 of 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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