Patna High Court
RAHUL KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the order rejecting anticipatory bail and allowed the appeal, directing that the appellant be released on bail under Section 438(2) of the CrPC.
Summary
Rahul Kumar was charged under several IPC offences and provisions of the SC/ST (Prevention of Atrocities) Act for allegedly abusing a caste name and assaulting a woman’s daughter with a sharp instrument, causing a finger injury. He contended that he was falsely implicated, that the incident arose from a dispute over a government motor pump, and that the alleged injury was minor and not caused by a sharp weapon. The Special Court had rejected his anticipatory bail application, prompting an appeal to the Patna High Court. The High Court examined the factual contentions and the legal standards for anticipatory bail under Section 438 of the CrPC. Finding merit in the appellant’s arguments and noting procedural irregularities, the Court set aside the Special Court’s order and allowed the appeal, directing that he be released on bail upon furnishing the prescribed bond and sureties.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 438 of the CrPC in the present case
- Whether the allegations under the IPC and SC/ST Act constitute a ground to deny anticipatory bail
- Whether the Special Court erred in rejecting the anticipatory bail application
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 323, 324, 341, 354, 379, 504, 506
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i)(r)(s), 3(w)(i)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- false implication
- bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4099 of 2023
Arising Out of PS. Case No.-17 Year-2023 Thana- SC/ST District- Patna
======================================================
RAHUL KUMAR Son of Satyendra Bind @ Satendra Binda @ Satyendra
Vind R/o vill - Nisiyama, P.S. and Post - Masaurhi, Distt. - Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Sunita Devi Wife of Shambhu Paswan R/o vill - Nisiyama, P.S. and Post -
Masaurhi, Distt. - Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Raj Krishna Jha
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 29-06-2026 1. Heard learned counsel for the appellant and
learned Spl. P.P Sri Binay Krishna.
2. The case was taken up on 11.10.2023, when the
learned A.P.P was directed by the learned Coordinate Bench
to inform the informant about pendency of the instant
appeal.
3. The learned A.P.P submits that information was
already provided to the informant, but then, it appears that
informant despite being aware of the pendency of the
appeal chooses not to appear and contest.
4. The appellant has challenged the order dated
18.07.2023 passed by the learned Exclusive Special Court
Patna High Court CR. APP (SJ) No.4099 of 2023(5) dt.29-06-2026
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SC/ST Act, Patna in connection with ABP No.6015 of 2023
arising out of S.No.119 of 2023 Masaurhi SC/ST P. S. Case
No.17 of 2023, instituted for the offences under Sections
341, 323, 324, 354, 504, 379, 506 of the Indian Penal Code
and Section 3(i)(r)(s), 3(w)(i) of the Scheduled Castes &
Scheduled Tribes (Prevention of Atrocities) Act, whereby
his prayer for grant of anticipatory bail has been rejected.
5. The learned counsel for the appellant submits
that appellant that appellant is a person with clean
antecedent and the informant alleges that on 01.04.2023 at
about 4:00 PM, her daughter asked the appellant to start the
government motor pump from his house, on which he
abused by taking caste name. On objection, the appellant
assaulted her daughter by hasua causing injury on finger.
6. The learned counsel submits that appellant has
been falsely implicated in the instant case by the informant.
It is further submitted that the motor pump was on and the
appellant had gone to stop the Motor Pump as water was
overflowing on account of which an altercation took place,
but then allegation of abuse and assault is an exaggerated
allegation. It is further submitted that the date of occurrence
Patna High Court CR. APP (SJ) No.4099 of 2023(5) dt.29-06-2026
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is 01.04.2023 and the FIR came to be instituted on
04.04.2023. It is next submitted that even presuming what
has been alleged is true without admitting, then the injury
suffered by the injured have been opined to be simple in
nature caused by hard and blunt substance, as such,
allegation of assault by hasua, a sharp edged weapon gets
belied. It is further submitted that this perhaps explains why
informant despite receiving notice chooses not to appear
and contest.
7. The learned Special P. P. opposes the
anticipatory bail application.
8. Regard being had to the aforesaid submissions,
the order dated 18.07.2023 is set-aside.
9. The appeal stands allowed.
10. The appellant, above-named, in the event
of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
bail on his furnishing bail-bonds in the sum of Rs.5,000/-
(Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Court SC/ST Act, Patna in connection with ABP No.6015 of
Patna High Court CR. APP (SJ) No.4099 of 2023(5) dt.29-06-2026
4/4
2023 arising out of S.No.119 of 2023 Masaurhi SC/ST P. S.
Case No.17 of 2023, subject to the conditions laid down
under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J)
vikash/-
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