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Patna High Court

Golu Raj @ Golu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
                                             2/3




          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
                                                         3/3




                      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/-

U       T


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