Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal for bail was dismissed, and the appellant was not granted bail.
Summary
The appellant, Rakesh Kumar, was charged with rape and offences under the Bharatiya Nyaya Sanhita and the SC/ST Act. He appealed against the trial court's denial of bail, claiming innocence and arguing that no caste-based insult occurred. The State and the informant opposed bail, emphasizing the seriousness of the rape charge and that the trial was already underway with several prosecution witnesses examined. The court referenced a recent Supreme Court decision cautioning against granting bail in serious offences once trial has commenced. Considering the gravity of the allegations, the commencement of trial, and the cited precedent, the High Court dismissed the appeal and ordered the trial to be expedited within three months.
Issues considered
- Whether bail should be granted to an accused in a serious offence such as rape when trial has commenced.
- Whether the appellant's conduct constitutes an offence under the SC/ST Act.
- Whether the appellant is entitled to bail despite six prior criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(1), 126(1), 3(5), 352, 64(1)
- SC/ST (Prevention of Atrocities) Act — s. 3(2), 3(i)(r), 3(i)(s), 3(i)(w)(i), 3(i)(w)(ii)
Subjects
- bail
- rape
- SC/ST Act
- serious offence
- trial commencement
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3901 of 2025
In
CRIMINAL MISCELLANEOUS No.47810 of 2025
Arising Out of PS. Case No.-238 Year-2024 Thana- DALSINGHSARAI District- Samastipur
======================================================
Rakesh Kumar S/O Krishna Mohan Prasad @ Krishnmohan Prasad @ Krisna
Mohan Lal R/o Mohalla- Bhagwanpur Chakshekhu, PS- Dalsinghsarai,
District- Samastipur, Bihar, India
... ... Appellant/s
Versus
1. The State of Bihar
2. Lakshmi Kumari D/o Lakshman Sada R/o Mohalla- Bhagwanpur
Chakshekhu, Ward No. 2, PS- Dalsinghsarai, District- Samastipur, Bihar,
India
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Lakshmindra Kumar Yadav, Advocate
For the State : Mr. Binay Krishna, APP
For the Informant : Mr. Girish Chandra Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
7 12-02-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State and learned counsel for the
informant. Perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 07.05.2025 passed by learned Exclusive
Special Judge (Rape and POCSO) Act, Samastipur whereby the
prayer for bail of the appellant in connection with Dalsinghsarai
PS Case No. 238 of 2024 instituted under Sections 64(1),
115(1), 126(1), 352 & 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Sections 3(i)(r), 3(i)(s), 3(i)(w)(i), 3(i)(w)(ii) & 3(2)
Patna High Court CR. APP (SJ) No.3901 of 2025(7) dt.12-02-2026
2/3
(v) of SC/ST Act was rejected.
3. Prosecution case, in short, is that appellant
allegedly committed rape with the victim.
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 prosecution story is false, concocted, absurd and
improbable. 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 25.10.2024 and has six criminal
antecedents.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant. Learned counsel for the informant submits that there
is direct allegation of rape against the appellant. It is next
submitted by informant’s counsel that trial in this case is going
on and six (6) out of ten (10) prosecution witnesses have been
examined. Learned APP has further relied upon a decision of the
Hon’ble Apex Court reported in 2024 SCC Online SC 3539 (X.
Patna High Court CR. APP (SJ) No.3901 of 2025(7) dt.12-02-2026
3/3
vs. State of Rajasthan & Anr.), wherein in paragraph No.14,
Hon’ble Apex Court has observed as under:
“14. Ordinarily in
serious offences like rape, murder,
dacoity, etc., once the trial
commences and the prosecution starts
examining its witnesses, the Court be
it the Trial Court or the High Court
should be loath in entertaining the
bail application of the accused.”
6. Considering the aforesaid facts and circumstances
of the case, nature and gravity of the offence as also the fact that
trial has commenced, this Court is not inclined to allow the
appeal. Appeal is, accordingly, dismissed.
7. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments preferably within a period of three
months.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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