Created by Fuzzy Cloud

Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not warranted; the appeal was dismissed.

Summary

The appellant, Raushan Kumar, was charged with murder under IPC section 302 and an offence under section 3(2)(v) of the SC/ST Act. He applied for anticipatory bail under section 14‑A(2) of the SC/ST Act, which was denied by the Special Judge. The appellant argued that he had a clean record and was falsely implicated, contending that the informant was not an eye‑witness and that the FIR did not explain how the informant identified him. The State countered that the death of the informant’s father was undisputed, that investigation revealed a prior dispute and that post‑mortem findings supported the assault allegation. The Patna High Court, after considering the submissions, declined to extend anticipatory bail and dismissed the appeal.

Issues considered

  • Whether anticipatory bail can be granted under section 14‑A(2) of the SC/ST Act in a case involving murder and a scheduled‑caste atrocity allegation.
  • Whether the appellant’s claim of false implication and lack of eye‑witness testimony suffices to merit anticipatory bail.
  • Whether the stage of investigation and post‑mortem findings preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • murder
  • false implication
  • bail refusal
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5536 of 2024
                       Arising Out of PS. Case No.-350 Year-2024 Thana- MAHUA District- Vaishali
                 ======================================================
                 Raushan Kumar S/o Tarkeshwar Ray R/o vill - Supaul Tariya, P.S. - Mahua,
                 Distt.- Vaishali

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Indrajit Manjhi S/o Siyaram Manjhi R/o vill - Supaul Tariya, P.O. - Rusulpur
                 Fatha, P.S. - Mahua, Distt.- Vaishali

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rajeev Ranjan Sinha
                 For the Respondent/s    :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   28-04-2026                     1. Heard learned counsel for the appellant and

                   learned Spl. P.P. for the State, Mr. Sadanand Paswan.

                                   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 24.09.2024 in A.B.P. No. 1924 of 2024 passed by

                   the learned Exclusive Special Judge S.C./S.T. (POA) Act,

                   Vaishali in connection with Mahua P.S. Case No. 350 of 2024

                   registered for the offences punishable under Section 302 of the

                   Indian Penal Code as well as Sections 3(2)(v) of the SC/ST Act.

                                   3. Learned counsel for the appellant submits that
Patna High Court CR. APP (SJ) No.5536 of 2024(6) dt.28-04-2026
                                             2/3




          appellant is a person with clean antecedent and the informant

          alleges that his father on 14.05.2024 had gone to Gopalpur for

          working as a labourer and when he was returning home, the

          appellant intercepted him near Supaul Taraiya and assaulted him

          leading to his death and took out Rs. 10,000/- from his pocket.

                          4. Learned counsel for the appellant submits that

          the appellant 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

          informant is not an eye witness to the occurrence nor the FIR

          discloses that on what basis the informant came to know that it

          was appellant who committed the occurrence of assault leading

          to death.

                          5. Learned Spl. P.P. for the State opposes the appeal

          and submits that what is not in dispute rather stands admitted is

          that father of the informant died. It is fairly submitted that the

          FIR does not disclose that on what basis, the informant came to

          know about the occurrence, but then it is submitted that the

          same is an aspect of investigation. It is next submitted that

          during the course of investigation also it transpired that

          appellant had assaulted the deceased and an old dispute was

          prevailing in between the two. It is further submitted that
            Patna High Court CR. APP (SJ) No.5536 of 2024(6) dt.28-04-2026
                                                         3/3




                      postmortem of the dead body was conducted and the cause of

                      death, as opined by the doctor, is recorded as due to loss of

                      blood, on account of assault and acid attack. It is also submitted

                      that investigation in the case is continuing.

                                      6. Considering the submissions made by the

                      learned Special PP for the State, the Court is not inclined to

                      extend the privilege of anticipatory bail to the appellant.

                                      7. Accordingly the appeal stands rejected.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.