Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1496 of 2026 Arising Out of PS. Case No.-519 Year-2025 Thana- SAKRA District- Muzaffarpur ====================================================== Rahul Kumar S/O BHola Singh Resident o f Village - Sarmastpur, Police Station- Sakra, District-Muzaffarpur ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Bindu Devi W/O Sanjay Ram Resident of Village - Sarmastpur, Police Station- Sakra, District-Muzaffarpur ... ... Respondent/s ====================================================== Appearance :
For the Appellant :
Mr. Shashank Shekhar, Advocate For the State :
Mr. Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2026 Heard learned counsel appearing for the appellant and learned Special Public Prosecutor appearing for the respondentState.
2. This appeal has been filed for setting aside order dated 28.02.2026 passed by the learned Special Judge, SC/ST (POA) Act, Muzaffarpur in connection with A.B.P. No. 3898 of 2025 arising out of Sakra P.S. Case No. 519 of 2025, registered for the offence punishable under Sections 126(2), 115(2), 352, 351(2), 74, 303(2) and 3(5) of the B.N.S. and Sections 3(1)(r), 3(1)(s) and 3(1)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for grant of anticipatory bail of this appellant has been rejected.
Patna High Court CR. APP (SJ) No.1496 of 2026(2) dt.25-06-2026 2/3
3. As per prosecution case, it is alleged that on 30.11.2024, all the F.I.R. named accused persons, including this appellant, came armed with weapons, started abusing informant and his family members with caste based slurs and assaulted them.
4. It is submitted by learned counsel appearing on behalf of the appellant that appellant is quite innocent and has committed no offence. F.I.R. has been lodged after inordinate delay. Injuries are simple in nature. For the same occurrence, earlier, Sakra P.S. Case No. 630 of 2024 was lodged. It is further submitted that it is not the case of the prosecution that any member of public was present at the place of occurrence and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against this appellant.
5. On the other hand, learned Spl. P.P. appearing for the respondent-State has vehemently opposed the prayer for grant of bail to the appellant and submitted that appellant is named in the F.I.R. and there is specific accusation that he, along with other accused persons, armed with weapons, came to the house of informant, abused them with caste based slurs and assaulted them. Appellant has got four criminal antecedents.
6. Considering the facts and circumstances of the case, specific and direct nature of accusation and criminal
Patna High Court CR. APP (SJ) No.1496 of 2026(2) dt.25-06-2026 3/3 antecedents of the appellant, appellant's prayer for grant of prearrest bail is rejected and this appeal is, accordingly, dismissed. (Prabhat Kumar Singh, J) shashank/- U T