Patna High Court
Rohit Kumar @ Rohit RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court held that, given the gravity of the offence and the dying declaration naming the appellant, anticipatory bail could not be granted.
Summary
The appellant Rohit Kumar was charged under Sections 302 and 34 of the IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act for allegedly stabbing the son of an informant, who later died and named the appellant as an assailant in a dying declaration. The appellant contended that the incident never occurred, that he was falsely implicated due to personal enmity, and sought anticipatory bail. The Special Judge had rejected the bail application, and the appellant appealed that order. The High Court examined the seriousness of the charge, the credibility of the dying declaration, and the appellant's clean antecedent, and found no sufficient ground to interfere with the lower court's decision. Consequently, the Court dismissed the appeal and denied anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the appellant in a murder case involving a dying declaration.
- Whether the dying declaration of the deceased suffices to deny bail under Sections 302/34 IPC and the SC/ST Act.
Legislation cited
- Indian Penal Code — s. 302, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- anticipatory bail
- dying declaration
- murder
- IPC 302
- IPC 34
- SC/ST Act
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.987 of 2024
Arising Out of PS. Case No.-262 Year-2023 Thana- MADHAURAH District- Saran
======================================================
Rohit Kumar @ Rohit Ray Son of Manoj Ray Resident of Village- Rampur
(Khoram), P.S. Madhaura (Gaura O.P.), District- Saran at Chapra
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramavati Devi Wife of Prabhu Ram Resident of Village- Rampur, P.S.
Madhaura (Gaura O.P.), District-Saran at Chapra
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Udai Shankar Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
8 12-03-2026 Heard learned counsel appearing on behalf of
appellant and Spl. Public Prosecutor.
2. This criminal appeal has been filed against the
order dated 31.10.2023 passed by learned SC/ST Exclusive
Special Judge, Saran at Chapra in ABP No. 3749 of 2023 in
connection with Marhaurah P.S. Case No. 262 of 2023,
registered under Sections 302/34 of the Indian Penal Code and
Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act whereby the prayer for
anticipatory bail of appellant has been rejected.
3. As per F.I.R., all the named accused persons
assaulted the son of informant with knife as a result of which he
Patna High Court CR. APP (SJ) No.987 of 2024(8) dt.12-03-2026
2/2
sustained injuries and was declared dead upon reaching the
hospital. Deceased disclosed the name of this appellant as one
of the assailants.
4. Learned counsel for the appellant submits that
appellant is innocent and has committed no offence. As a matter
of fact, the alleged incident never took place and appellant has
falsely been implicated in this case due to prior enmity.
Allegation against appellant is general and omnibus. Appellant
claims clean antecedent.
5. However, learned Spl. Public Prosecutor appearing
for the State vehemently opposes the prayer for bail and submits
that the deceased, before dying, named this appellant as one of
the his assailants.
6. Considering the nature and gravity of accusation
and dying declaration of the deceased, I do not find any ground
to interfere with the order of the learned court below and as
such, the appeal, which has been filed for grant of anticipatory
bail, is hereby rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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