Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and directed that bail be granted to the appellant upon furnishing the prescribed bond and sureties.
Summary
Rahul Kumar appealed against the order of the Additional Sessions Judge that denied his anticipatory bail in a case alleging offences under several sections of the B.N.S. and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the appellant pulled the informant's dupatta and outraged her modesty, invoking both general criminal provisions and caste‑based provisions. The appellant contended that he was falsely implicated due to political rivalry and that no caste‑based animus existed, rendering the SC/ST Act provisions inapplicable. The Special Public Prosecutor opposed bail, but the High Court noted the general and omnibus nature of the accusations and the lack of a specific caste motive. Consequently, the Court set aside the impugned order, granting the appellant bail on a bond of Rs. 10,000 with two sureties, and directed that he surrender within eight weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the appellant under the charges framed under the B.N.S. and the SC/ST (Prevention of Atrocities) Act.
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act are maintainable in the absence of a caste‑based motive.
- Whether the order of the Additional Sessions Judge rejecting bail is liable to be set aside.
Legislation cited
- B.N.S. — s. 126(2), 303(2), 3(5), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r)(s)(w)
Subjects
- anticipatory bail
- SC/ST Act
- caste atrocity
- political rivalry
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.585 of 2025
Arising Out of PS. Case No.-36 Year-2024 Thana- SC/ST District- Khagaria
======================================================
Rahul Kumar S/o- Manikant Mandal Village- Jamalpur Gogri Ps- Gogri Dist-
Khagaria
... ... Appellant/s
Versus
1. The State of Bihar
2. Neha Kumari W/o- Vishal Kumar Village- Jamalpur Gogri Kurmi Tola Ps-
Gogri Dist- Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Parmatma Singh, Advocate
For the State : Mr. Binay Krishna, Spl.PP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 16-04-2026 Heard learned counsel appearing for the appellant and
learned Special Public Prosecutor appearing for the respondent-
State.
2. Despite valid service of notice, no body appears on
behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 08.01.2025 passed in a case registered for the offence
punishable under Sections 126(2), 74, 352, 351(2), 303(2) and
3(5) of the B.N.S. and Sections 3(i)(r)(s)(w) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of this
appellant has been rejected.
Patna High Court CR. APP (SJ) No.585 of 2025(5) dt.16-04-2026
2/3
4. As per prosecution case, it is alleged that this
appellant pulled the dupatta of informant and outraged her
modesty.
5. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. Appellant has falsely been implicated in
this case due to political rivalry. As a matter of fact, the present
case is counter-blast of Gogri P.S. Case No. 343 of 2024 which
was lodged by mother of this appellant against informant and
others and only with a view to put pressure upon the appellant,
this false and concocted case has been lodged. It is further
submitted that there is absolutely no allegation of abuse by caste
name against this appellant and as such, no case under the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is made out against this appellant.
6. Learned Spl. P.P. appearing for the respondent-State
has vehemently opposed the prayer for grant of bail to the
appellant.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and case and
counter-case between the parties, this appeal is allowed and the
impugned order dated 08.01.2025 passed by the learned
Patna High Court CR. APP (SJ) No.585 of 2025(5) dt.16-04-2026
3/3
Additional Sessions Judge 1st-cum-Special Judge, SC/ST (POA)
Act, Khagaria in connection with Spl. A.B.A. No. 01 of 2025
arising out of Khagaria (SC/ST) P.S. Case No. 36 of 2024 is
hereby set aside with respect to this appellant only.
8. Accordingly, let the appellant, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge 1st-cum-Special Judge, SC/ST
(POA) Act, Khagaria in connection with Khagaria (SC/ST) P.S.
Case No. 36 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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