Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 143, 147, 149, 307, 323, 341, 354A, 354B, 504, 506
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v), 3(i)(r)(s)
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
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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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