Patna High Court
RAKESH RAUSHANversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the order rejecting anticipatory bail and allowed the appeal, directing bail to be granted.
Summary
Rakesh Raushan and Durgesh Kumar appealed against the order of the Exclusive Special Judge, SC/ST (POA) Act, Begusarai dated 31‑01‑2024 which had rejected their application for anticipatory bail in a case involving offences under several IPC sections and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. The appellants argued that a jointness application had validly served notice, that they were falsely implicated in a land‑dispute‑related incident, and that the facts were analogous to a prior case (Amit Kumar) where anticipatory bail was granted. The Special Public Prosecutor could not refute these submissions. The Patna High Court, invoking its inherent powers under CrPC Section 482(2), set aside the lower court’s order, allowed the appeal, and directed that the appellants be released on bail upon furnishing a bond of Rs 5,000 each with two sureties.
Issues considered
- The validity of notice served under a jointness application.
- Whether anticipatory bail should be granted in view of the alleged offences under the IPC and SC/ST Act.
- Whether the lower court erred in rejecting the bail application.
- The applicability of the High Court's inherent powers under CrPC Section 482(2) to grant bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 323, 379, 427, 448, 504, 506
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(g), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- land dispute
- jointness notice
- high court inherent powers
- bail
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.966 of 2024
Arising Out of PS. Case No.-472 Year-2023 Thana- BARAUNI District- Begusarai
======================================================
1. Rakesh Raushan Son Of Sri Krishnanandan Ray Resident Of Village - Pipra
Devas, P.S. - Barauni, District - Begusarai
2. Durgesh Kumar Son Of Krishnanandan Ray Resident Of Village - Pipra
Devas, P.S. - Barauni, District - Begusarai
... ... Appellant/s
Versus
1. The State Of Bihar
2. Kari Sada Son Of Late Mishri Resident Of Village - Pipra Devas, P.S. -
Barauni, District - Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Abhay Shanker Singh
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 30-06-2026 1. Heard the learned counsel for the appellants and
the learned Special Public Prosecutor for the State.
2. The learned counsel for the appellants submits that
a jointness application has been filed wherein it has been
specifically pleaded that wife resides with the respondent no.2,
who had received the notice on their behalf, as such, the notice
is deemed to be validly served.
3. The appellants have challenged the order dated
31.01.2024 passed by the learned Exclusive Special Judge,
SC/ST (POA) Act, Begusarai in connection with ABA No.159
of 2024 arising out of Barauni P. S. Case No.472 of 2023,
Patna High Court CR. APP (SJ) No.966 of 2024(5) dt.30-06-2026
2/4
instituted for the offences under Sections 147, 148, 149, 323,
379, 427, 448, 504, 506 of the Indian Penal Code and Sections
3(1)(r)(s)(g), 3(2)(va) of the Scheduled Castes & Scheduled
Tribes (Prevention of Atrocities) Act, 1989, whereby their
prayer for grant of anticipatory bail has been rejected.
4. The learned counsel appearing on behalf of the
appellants submits that appellants have antecedent of one case,
but then the said case was instituted subsequent to filing of the
instant appeal for the same land dispute. It is next submitted that
that informant alleges that on 15.07.2023 at about 8.00-9.00
P.M. Kaushal along with other co-accused persons came
variously armed and Kanhaiya started abusing by taking caste
name and assaulted Munni Devi causing injury on head. Further,
on orders of Kaushal, all the accused looted the household
articles as detailed in the FIR and Mohan, Durgesh, Rakesh and
Aditya along with their tractor destroyed the crops and bricks.
5. The learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that on account of dispute
relating to land, the occurrence is alleged to have taken place. It
is further submitted that from perusal of the allegations as
alleged in the FIR, it would manifest that the informant alleges
Patna High Court CR. APP (SJ) No.966 of 2024(5) dt.30-06-2026
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that accused persons came to his house where the occurrence is
alleged to have taken place. It is also submitted that allegation
of abuse and assault is general and omnibus in nature. It is next
submitted that this perhaps explains why the informant despite
receiving notice chooses not to appear and contest. It is next
submitted that Amit Kumar along with another had approached
this Court seeking anticipatory bail by filing Cr. Appeal (S.J.)
No.962 of 2024 and the same came to be allowed by an order
dated 30.06.2026. It is next submitted that case of the appellants
if not akin is similar to the case of Amit Kumar and another.
6. The learned Special P.P. is not in a position to rebut
the said submission of the learned counsel appearing on behalf
of the appellants.
7. Regard being had to the aforesaid submissions, the
order dated 31.01.2024 is set-aside.
8. The appeal stands allowed.
9. After hearing the counsel for the parties and taking
into consideration the order dated 30.06.2026 in Cr. Appeal
(S.J.) No.962 of 2024, the appellants, above-named, in the event
of their arrest or surrender before the learned Court below
within a period of eight weeks, are directed to be released on
bail on their furnishing bail-bonds in the sum of Rs.5,000/-
Patna High Court CR. APP (SJ) No.966 of 2024(5) dt.30-06-2026
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(Rupees Five Thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, SC/ST (POA) Act, Begusarai in connection with ABA
No.159 of 2024 arising out of Barauni P. S. Case No.472 of
2023, subject to the conditions laid down under Section 482(2)
of the BNSS.
(Satyavrat Verma, J)
vikash/-
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