Patna High Court
CR. APP (SJ)/5105/2024 of Rahul Kumar @ Rahul Kumar Sah Vs The State of Bihar on 13 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5105 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- Mufassil District- Purnia ====================================================== Rahul Kumar @ Rahul Kumar Sah Son of Hira Lal Gaud @ Hira Lal Sah Resident of Village- Chauhan Tola
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5105 of 2024
Arising Out of PS. Case No.-32 Year-2024 Thana- Mufassil District- Purnia ======================================================
Rahul Kumar @ Rahul Kumar Sah Son of Hira Lal Gaud @ Hira Lal Sah Resident of Village- Chauhan Tola Machhali Arat, Gulababg, P.S.- Sadar, Distt.- Purnea
... ... Appellant/s
Versus
1.
The State of Bihar
2.
Dilip Das Son of Late Tulsi Das Resident of Village- Matiya Ward No. 13, P.S.- Muffasil, Distt.- Purnea
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s
:
Mr.Ram Prawesh Kumar, Advocate
For the Respondent/s
:
Mrs.Usha Kumari 1, Special P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
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ORAL ORDER
13-08-2026 Heard learned counsel for the appellant and learned Special P.P. for of the State.
2. This appeal has been filed against an order, passed by learned Special Judge, SC/ST Act, Purnea in a case registered under Sections 147, 148, 341, 323, 324, 325, 326, 307, 353, 379, 387, 504, 506 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST Act, whereby the prayer for anticipatory bail of appellant has been rejected.
3. Allegation against appellant is that he along with other co-accused stopped the informant, while he was returning from duty on 25.03.2024, and thereafter, abused him with caste name and assaulted with a sharp weapon. The accused persons snatched gold chain from the neck of informant and demanded Rs. Five lakhs, as Rangdari, and also threatened to kill.
Patna High Court CR. APP (SJ) No.5105 of 2024(5) dt.13-08-2026
4. Learned counsel for the appellant submits that both parties are co-villagers and the occurrence took place on a spur of moment over a minor dispute. Injuries are simple in nature. He further submits that it is not the case of the informant that at the time of alleged occurrence, any public was present and as such, no case under the SC/ST Act is made out. Appellant claims clean antecedent.
5. Learned Spl. Public Prosecutor for the State opposes the appeal.
6. However, considering the aforesaid facts and circumstances, the impugned order is, hereby, set aside and this appeal is allowed.
7. Let the appellant, as named above, in the event of arrest or surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Purnea in connection with Sadar Muffasil P.S. Case No. 32 of 2024.
anay (Prabhat Kumar Singh, J) U T