Patna High Court
Golu Raj @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order rejecting bail and granted anticipatory bail to the appellant.
Summary
The appellant, Golu Raj, was charged under several sections of the Bihar Narcotic Substances Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for an alleged firing incident in which no one was injured. The Special Judge had rejected his prayer for bail, prompting an appeal under Section 14(A)(2) of the SC/ST POA. The appellant argued that he was falsely implicated, that the informant’s allegations did not establish any injury or his participation in the firing, and that notice had been properly served on the second respondent who chose not to appear. The State opposed the bail application. The High Court set aside the lower court’s order, allowing the appeal and granting anticipatory bail subject to a bond and sureties. The order directs that if the appellant is arrested or surrenders within thirty days, he shall be released on bail.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite the pending charges under the SC/ST (Prevention of Atrocities) Act and the Bihar Narcotic Substances Act.
- Whether the allegations against the appellant constitute a cognizable offence warranting denial of bail.
- Whether the service of notice on the second respondent and his non‑appearance affect the bail considerations.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 127(2), 3(5), 351(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 2(va), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- Bihar Narcotic Substances Act
- false implication
- criminal appeal
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5083 of 2024
Arising Out of PS. Case No.-494 Year-2024 Thana- RAFIGANJ District- Aurangabad
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Golu Raj @ Golu Kumar Son of Srikant Prasad Resident of Village - Nima,
P.S. - Amas, District - Gaya. At Present - Resident of Village - Charkupta, P.S.
- Rafiganj, District - Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Ranjeet Kumar Son of Ramchand Das Resident of Village - Charkawa, P.S. -
Rafiganj, District - Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhaskar Shankar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
8 23-04-2026 Heard learned counsel for the appellant, leanred Spl.
P.P., Mr. Sadanand Paswan, appearing for the State.
2. This appeal is an Appeal under Section 14(A)(2)
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 against the rejection of prayer for bail vide
order dated 01.10.2024, passed by learned Special Judge SC/ST-
cum-Ist Additional Sessions Judge, Aurangabad, in connection
with Rafiganj P.S. Case No.494 of 2024, registered for the
offence punishable under Sections 127(2), 115(2), 109, 351(2),
3(5) of B.N.S., 2023 and Sections 3(1)(r) (s)/2 (va) of SC/ST
(POA) 1989 Act.
3. The learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.5083 of 2024(8) dt.23-04-2026
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appellant submits that from perusal of the office report dated
30.03.2026, it would manifest that notice has been validly
served on respondent No.2 but then respondent No.2 despite
receiving notice chooses not to appear and contest, it is next
submitted that appellant is a person with clean antecedent and
the informant alleges that on 12.09.2024, appellant along with
Harsh and Ritik called him on mobile and called near the post-
office and when he reached, Harsh fired but missed, and when
villagers started gathering, the accused person fled but fire arm
of Harsh was seized by villagers, further about a week back
also, he was threatened and the threat was recorded on the
mobile.
4. The learned counsel for the appellant submits
that the appellant has been false implicated in the instant case by
the informant, it is further submitted that there is no allegation
of abuse but then informant alleges that Harsh fired but missed,
it is thus submitted that no one was injured in the firing but then
it is submitted that whether the arms seized belonged to Harsh is
an aspect of the investigation. It is also submitted that even
presuming what has been alleged is true without admitting that
appellant is not alleged to have fired nor anyone was injured
in the firing and this perhaps explain why respondent
Patna High Court CR. APP (SJ) No.5083 of 2024(8) dt.23-04-2026
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No.2 despite receiving notice choose not to appear and contest.
5. The Spl. P.P. for the State vehemently opposes the
prayer for bail.
6. This appeal is allowed and the impugned order is
set aside.
7. Let the appellant, above named, in the event of his
arrest or surrender before the Court below within a period of
thirty days from the date of receipt of the order, be released on
anticipatory bail on furnishing bail bond of Rs.5,000/- (Five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge (SC/ST)-cum-Ist
Additional Sessions Judge, Aurangabad in connection with
Rafiganj P.S. Case No.494 of 2024.
(Satyavrat Verma, J)
sanjeev/-
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