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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside and the appellant is directed to be released on bail.

Summary

Rahul Kumar appealed against the exclusive special judge's order rejecting his anticipatory bail in a case involving multiple serious offences under the IPC, Arms Act and SC/ST (Prevention of Atrocities) Act. He argued that the notice was validly served through a jointness application, he has a clean antecedent, and the FIR allegations are vague, politically motivated and similar to other cases where bail was granted. The Special Public Prosecutor opposed bail. The Patna High Court set aside the lower court's order, held that parity with the earlier bail orders warranted relief, and directed the appellant to be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 482(2) of the CrPC.

Issues considered

  • Whether the appellant is entitled to anticipatory bail despite the gravity of the offences alleged.
  • Whether the notice served via a jointness application is valid for the purpose of bail proceedings.
  • Whether the appellant's clean antecedent and alleged political motive justify granting bail.
  • Whether parity with earlier similar bail orders mandates granting anticipatory bail in the present case.

Legislation cited

Subjects

  • anticipatory bail
  • jointness application
  • false implication
  • political motive
  • parity in bail decisions
  • IPC offences
  • SC/ST Act
  • bail jurisprudence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.410 of 2025
                      Arising Out of PS. Case No.-137 Year-2023 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Rahul Kumar S/o- Sadhu Yadav Resident Of Village- Beladih Ps- Rajauli
                 District-Nawada

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Ritik Kumar S/o- Upendra Rajbanshi Resident Of Village- Beladih Ps-
                 Rajauli District-Nawada

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr.Sheo Kumar Prasad
                 For the Respondent/s   :        Ms.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   27-01-2026                 1. Heard learned counsel for the appellant and the

                   learned Special Public Prosecutor for the State.

                               2. The appellant has challenged the order dated

                   20.12.2024 passed by the learned Exclusive Special Judge

                   SC/ST, Nawada in connection with ABP No.3187 of 2024

                   arising out of Rajauli P. S. Case No.137 of 2023, instituted for

                   the offences under Sections 143, 147, 149, 341, 323, 354A,

                   354B, 307, 504, 506 of the Indian Penal Code, Section 27 of the

                   Arms Act and Section 3(i)(r)(s), 3(2)(v) of the Scheduled Castes

                   & Scheduled Tribes (Prevention of Atrocities) Act, whereby his

                   prayer for grant of anticipatory bail has been rejected.

                               3. The learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.410 of 2025(4) dt.27-01-2026
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          appellant submits that a jointness application has been filed as

          the notice was received by the maternal uncle of the informant.

                       4. In view of the grounds taken in the jointness

          application, the notice is deemed to be validly served despite

          valid service of notice, the informant chooses not to appear and

          contest.

                       5. The learned counsel for the appellant submits that

          appellant is a person with clean antecedent and the informant

          alleges that on 03.03.2023 at 6.00 P.M., he had gone to attend

          call of nature to Badhar where from before 16 named accused

          persons along with 30 unknown accused were present from

          before and they started acting inappropriately and said to take

          them along as their guardian portrayed themselves as leader.

          Further, on alarm, the villagers gathered when accused resorted

          to firing causing injury to Sonu on chest and Shibu received

          gunshot injury on hand. Further, the accused said that they run

          MCC Group.

                       6. The learned counsel appearing on behalf of the

          appellant submits that appellant is a person with clean

          antecedent and has been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that
Patna High Court CR. APP (SJ) No.410 of 2025(4) dt.27-01-2026
                                              3/4




          allegation appears more political in nature. It is also submitted

          that no doubt, appellant is named in the FIR along with 30

          unknown accused and accused are alleged to have fired causing

          injury to Sonu and Shibu, but then, allegation of firing is not

          specific rather the allegation is general and omnibus in nature. It

          is also submitted that Rajendra Kumar Yadav had approached

          this Court seeking anticipatory bail by filing Cr. Appeal (S.J.)

          No.2077 of 2024 and the same came to be allowed by a learned

          Coordinate Bench by an order dated 17.04.2025. Further,

          Akhilesh       Kumar        also     approached       this   Court   seeking

          anticipatory bail by filing Cr. Appeal (S.J.) No.1408 of 2025 and

          the same also came to be allowed by an order dated 25.07.2025

          passed by a learned Coordinate Bench. The learned counsel thus

          submits that parity be maintained, when allegations are similar.

                       7. The learned Special P. P. opposes the bail

          application.

                       8. Regard being had to the aforesaid submissions, the

          order dated 20.12.2024 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
               Patna High Court CR. APP (SJ) No.410 of 2025(4) dt.27-01-2026
                                                            4/4




                         on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees

                         Ten Thousand) with two sureties of the like amount each to the

                         satisfaction of learned Exclusive Special Judge SC/ST, Nawada

                         in connection with ABP No.3187 of 2024 arising out of Rajauli

                         P. S. Case No.137 of 2023, subject to the conditions laid down

                         under Section 482(2) of the BNSS.


                                                    (Satyavrat Verma, J)
vikash/-

U          T


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