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Patna High Court

RAHUL KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/4




          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
                                             3/4




          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/-

U          T


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