Rahul Chaudhari @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5714 of 2024 Arising Out of PS. Case No.-335 Year-2024 Thana- BYPASS District- Patna ====================================================== Rahul Chaudhari @ Rahul Kumar S/o Raju Chaudhari R/o Bahri Begampur Mandai Pipal Tal, P.S. - Bypass, Distt.- Patna, Bihar ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Pinku Paswan S/o Late Yogendra Paswan R/o Bahri Begampur, Mondai, VIP Colony, P.s. - By Pass and Distt.- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Avinash Chandra, Adv.

For the Respondent/s :

Mr.Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State. None appears on behalf of the informant despite being informed by the learned SPP regarding filing of the present appeal. Perused the case diary.

2. The instant appeal has been filed by the appellant against the order dated 22.11.2024 passed by learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar) Patna whereby the prayer for bail of the appellant in connection with Special Case No. 359 of 2024, Serial No. 300 of 2024, arising out of Bypass P.S. Case No. 335 of 2024 under Sections 103(1), 238, 3(5) of the Bhartiya Nyaya Sanhita

2/4 and Sections 3(2)(v) of SC/ST Act, was rejected.

3. The prosecution case, in short, is that on 24.07.2024, the informant's son left his house but did not return. It is further alleged that on 27.07.2024, the dead body of the informant's son was found near nala. The Informant suspects that all the FIR named accused persons including the appellant have murdered his son.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. The name of the appellant has transpired only on the basis of suspicion. Learned counsel further submitted that there is a delay of three days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. There is no specific or direct allegation of any overt act against the appellant rather the same is general and omnibus in nature. There is no eye-witness to the alleged occurrence. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view, hence, no offence under the provisions of SC/ST Act is made out against him. The

3/4 appellant has no intention to disgrace the image of the informant in public view. Learned counsel, therefore, contended that except suspicion, there is no material on record to show the involvement of the appellant in the alleged occurrence. Charge-sheet has been submitted in this case. The appellant is in custody since 10.09.2024 and has one criminal antecedent. Learned counsel for the appellant further submits that the co-accuse Rinku Mahto has already been granted bail by this Court vide order dated 21.03.2025 passed in Cr. Appl. (SJ) No. 5517 of 2024.

5. Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellant.

6. Considering the aforesaid facts and circumstances of the case, no direct material against the appellant to show his involvement in the alleged offence and the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 22.11.2024 passed by learned Exclusive Special Judge, SC/ST, Patna in connection with Special Case No. 359 of 2024, Serial No. 300 of 2024,

4/4 arising out of Bypass P.S. Case No. 335 of 2024 is hereby set aside.

7. Let the appellant, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Case No. 359 of 2024, Serial No. 300 of 2024, arising out of Bypass P.S. Case No. 335 of 2024.

8. The appeal stands allowed.

(Rudra Prakash Mishra, J) rishi/- U T