Patna High Court
Mukesh Rai @ Mukesh Kumar Rai @ Mukesh Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the Special Court's order denying bail is set aside and the appellant is released on bail.
Summary
Mukesh Rai appealed against the Special Court's denial of bail in a case arising from an alleged communal clash on 26 April 2023, where he was accused of assault, use of a weapon, and caste-based insults under the SC/ST (Prevention of Atrocities) Act, along with several IPC and Arms Act provisions. The prosecution alleged that the accused, including Rai, fired pistols and used caste slurs during the incident. Rai contended he did not publicly use the informant's caste name, that the allegations against him were vague, and that no injury occurred, asserting his innocence. The Special Court had rejected his bail application, prompting the appeal. The Patna High Court, after considering the circumstances and the period of custody, set aside the Special Court's order and granted bail on condition of a bond and sureties.
Issues considered
- Whether the appellant's alleged conduct constitutes an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether the evidence presented justifies the denial of bail for the appellant.
- Whether the appellant is entitled to bail pending trial despite the serious nature of the charges.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 323, 341, 504, 506
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- bail
- SC/ST Act
- caste-based offence
- Indian Penal Code
- Arms Act
- appeal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4599 of 2025
Arising Out of PS. Case No.-195 Year-2023 Thana- CHIRAIYA District- East Champaran
======================================================
Mukesh Rai @ Mukesh Kumar Rai @ Mukesh Prasad Yadav Son of Late
Sukhadai Rai R/o Village - Sapgadha, P.S. - Chiraiya, Dist. - East Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Upendra Paswan, Ex - Mukhiya Son of Bagar Paswan R/o Village -
Bahuarawa, P.S. - Chiraiya, Dist. - East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Manoj Kumar, Advocate
For the Respondent/s : Ms.Usha Kumari 1, SP.P
Mr. Ajay Kumar Singh, Advocate
Mr.Mayank Prasanna Dubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant/Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 09.10.2025 passed by Special Court
SC/ST Act, East Champaran, Motihari, whereby the prayer for
bail of the appellant in connection with Chiraiya P.S. Case No.
195 of 2023, under Sections 147, 148, 149, 341, 323, 504 and
506 of the Indian Penal Code, Section 27 of the Arms Act and
Section 3(1)(r)(s) of SC/ST Act was rejected.
3. Prosecution case, in short, is that on 26.04.2023 at
Patna High Court CR. APP (SJ) No.4599 of 2025(3) dt.22-01-2026
2/3
9.00 A.M. accused persons named in the F.I.R. including the
appellant, lashed with weapon, came and started making hut
near the shop of the informant. On protest, accused persons
started abusing by taking his caste name. It is alleged that one
co-accused Guddu Rai pointed pistol on the informant, in the
meantime, villagers started coming and on seeing this the
appellant and co-accused Guddu Rai made three round firing
and fled away.
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.
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. There is no specific
allegation against the appellant, rather the same is general and
omnibus in nature. No one is injured in the alleged occurrence.
The appellant is in custody since 11.09.2025 and has one
criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
Patna High Court CR. APP (SJ) No.4599 of 2025(3) dt.22-01-2026
3/3
appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 09.10.2025
passed by Special Court SC/ST Act, East Champaran, Motihari,
in connection with Chiraiya P.S. Case No. 195 of 2023, is
hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Chiraiya P.S. Case
No. 195 of 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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