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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that despite the police exonerating report, the trial court's cognizance of the case precludes the grant of anticipatory bail and the appeal is disposed with a direction to surrender.

Summary

The appellant, Rahul Kumar, was charged under IPC sections 364, 328, 302 and 120(B) and the SC/ST (Prevention of Atrocities) Act for the alleged murder of a victim who had gone missing. He applied for anticipatory bail, which was denied by the trial court, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The appellant argued that the police investigation had exonerated him and that there was no prima facie case. The State contended that cognizance had been taken and a prima facie case existed. The High Court noted that although the police report cleared the appellant, the trial court had nonetheless taken cognizance and no Section 82/83 CrPC processes had been issued. Consequently, the Court disposed of the appeal, directing the appellant to surrender before the trial court on a specified date, without granting anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under the SC/ST Act when the police investigation exonerates him.
  • Whether the taking of cognizance by the trial court suffices to proceed despite the absence of Section 82/83 CrPC processes.
  • Whether the appellant can be ordered to surrender before the trial court pending disposal of the case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cognizance
  • police exoneration
  • IPC
  • CrPC
  • criminal conspiracy
  • murder

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4866 of 2025
                      Arising Out of PS. Case No.-303 Year-2023 Thana- ALOULI District- Khagaria
                 ======================================================
                 Rahul Kumar S/o Bindu Yadav Resident of Village- Maghauna, PS- Alauli,
                 District- Khagaria

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Sukh Sagar Devi W/o Kaleshwar Ram R/o Saharbanni, P.S.- Alauli, Distt.-
                 Khagaria

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Amar Kumar Singh, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   24-06-2026                    1. Heard learned counsel for the appellant, learned

                   Special P.P for the State, Mr. Binay Krishna and learned counsel

                   appearing on behalf of the informant.

                                  2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 25.09.2025 in A.B.P. No. 80 of 2025 passed by the

                   learned 1st-cum-Special Judge S.C./S.T. (POA) Act, Khagaria in

                   connection with Alauli P.S. Case No. 303 of 2023 registered for

                   the offences punishable under Sections 364, 328, 302 and

                   120(B) of the Indian Penal Code as well as Sections 3(2)(v)(va)
Patna High Court CR. APP (SJ) No.4866 of 2025(5) dt.24-06-2026
                                             2/6




          of the SC/ST Act.

                          3. Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and the informant

          alleges that in December 2021, Manish, petitioner and Ranjan

          came to her house and requested her to send the victim to

          Bengaluru with them for earning, since the victim had cleared

          his matriculation examination and further that they will send Rs.

          15,000/- per month, but informant refused, it is next alleged that

          in march 2022 again the aforesaid three accused persons along

          with two unknown accused came and in a threatening voice said

          that they are going to Bengaluru, hence allow the victim to

          accompany them, but informant and her family members

          refused, hence they left saying that victim will have to come to

          Bengaluru, it is further alleged that the victim went missing on

          27.05.2022, hence informant called her relative Chhotu who

          was working at Bengaluru from before and disclosed about the

          occurrence and missing of the victim and asked him to find out

          the victim and also disclosed the name of the aforesaid three

          named accused persons including the appellant, next alleges that

          Chhotu called on 06.06.2022 and disclosed that victim is in grip

          of the aforesaid three named accused persons and they have

          snatched the advance amount given to the victim by the
Patna High Court CR. APP (SJ) No.4866 of 2025(5) dt.24-06-2026
                                             3/6




          company and they did not allow him to talk to the victim and

          abused by taking caste name, further Chhotu called on

          11.01.2022 and disclosed that the aforesaid three named

          accused persons including the appellant killed the victim by

          administering poison on account of animosity existing from

          before and also informed that the dead body has been brought to

          the hospital where doctors doubted that the victim has been

          poisoned and the company will bear half of the cost for sending

          the dead body, further the dead body was received and after

          cremating the dead body, a complaint case was filed on

          29.07.2022, based on which the instant FIR came to be

          instituted.

                          4. Learned counsel appearing on behalf of the

          appellant submits that appellant has been falsely implicated in

          the instant case by the informant based on suspicion, it is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that the informant alleges that Chhotu

          disclosed that named accused persons including the appellant

          killed the victim by administering poison on account of previous

          animosity, but then it is submitted that had any animosity been

          existing in between the appellant and the victim, in that event

          they would not have gone to the house of the victim requesting
Patna High Court CR. APP (SJ) No.4866 of 2025(5) dt.24-06-2026
                                             4/6




          the informant for sending the victim to Bengaluru. It is also

          submitted that if victim would not have been on good terms

          with the appellant and two others, in that event he would have

          disclosed the said fact to the informant, but then it is alleged that

          victim went missing on 27.05.2022 which amply demonstrates

          that victim on his own left for Bengaluru. It is next submitted

          that it absolutely does not stand to reason that Chhotu would not

          have met the victim merely for the reason that they asked him

          not to talk and meet him. It is also submitted that since Chhotu

          did not talk to the victim then how come Chhotu came to know

          that the money paid by the company to the victim was snatched

          by the appellant and others which amply demonstrates that a

          false allegation has been alleged. It is next submitted that police

          after threadbare investigation came to a considered conclusion

          that appellant is innocent thus submitted final form exonerating

          the appellant of the allegation, but then the learned Trial Court

          differing with the police report took cognizance, it is thus

          submitted that when one investigating agency after threadbare

          investigation came to considered conclusion that appellant is

          innocent whether it would be prudent for the Court to send the

          appellant to jail based on an order of cognizance which came to

          be taken based on the same police report exonerating the
Patna High Court CR. APP (SJ) No.4866 of 2025(5) dt.24-06-2026
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          appellant of the allegation.

                          5. Learned Special P.P for the State as well as

          learned counsel appearing on behalf of the informant opposes

          the appeal but then are not in position to rebut the submission of

          the learned counsel appearing on behalf of the appellant that

          police after investigation submitted final form exonerating the

          appellant of the allegation

                          6. At this stage, the learned counsel appearing on

          behalf of the informant submits that since cognizance has been

          taken, as such, a prima facie case is made out.

                           7. On query of the Court that as to whether process

          under Sections 82 and 83 Cr.P.C. has been issued or not, on

          which the learned counsel appearing on behalf of the appellant

          submitted that till date process under Sections 82 and 83 Cr.P.C.

          has not been issued.

                          8. After hearing the learned counsel for the parties,

          the Court was inclined to grant anticipatory bail to the appellant,

          but since police after investigation had submitted final form

          exonerating the appellant of the allegation, but since cognizance

          has been taken, as such, the appeal is disposed of with a

          direction to the appellant to surrender before the learned Trial

          Court on 09.07.2026.
            Patna High Court CR. APP (SJ) No.4866 of 2025(5) dt.24-06-2026
                                                         6/6




                              9. It is made clear that if the appellant surrenders before

                      the learned Trial Court on 09.07.2026, in that event the learned

                      Trial Court shall consider and dispose of the case on the same

                      day keeping in mind the observations made by this Court as

                      recorded hereinabove.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T


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