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Patna High Court

Rohit Kumar @ Rohit RayversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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