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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5055 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- SC/ST District- Samastipur ====================================================== Rahul Kumar Son of Ranjeet Sah R/o Village - Sardarganj , Police Station - Dalsingsarai , District - Samastipur. ... ... Appellant/s Versus
1. The State of Bihar
2. Ajay Kumar Paswan Son of Nagina Paswan R/o Village - Sardarganj , Police Station - Dalsingsarai , District - Samastipur. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Mahendra Pratap For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 04-02-2026
1. Heard learned counsel for the appellant and the learned Special Public Prosecutor for the State. 2. The appellant has challenged the order dated 25.11.2025 passed by the learned Special Judge, SC/ST (POA) Act, Samastipur in connection with Samastipur SC/ST P. S. Case No.115 of 2025, instituted for the offences under Sections 189(2), 126(2), 115(2), 109, 303(2), 352, 351(2) of the B.N.S., Section 27 of the Arms Act and Sections 3(1)(r)(s),3(2)(v-a) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, whereby his prayer for grant of anticipatory bail has been rejected. 3. The learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.5055 of 2025(2) dt.04-02-2026 2/3 appellant submits that appellant is a person with clean antecedent and the informant alleges that Rahul Kumar son of Hargauri Singh shot the informant in both his knees while Guddu and Abhijit snatched his mobile and chain while he was resting in an orchard. 4. The learned counsel appearing on behalf of the appellant submits that from perusal of the allegation as alleged in the FIR, it would manifest that there are two accused by the name Rahul and the instant appellant is not alleged to have shot the informant rather the other Rahul is alleged to have fired at the informant. It is further submitted that as such, no specific allegation of firing is against the appellant. 5.
The learned Special P. P. opposes the bail application and submits that there is a specific allegation of causing two firearm injuries on knees of the informant by Rahul son of Hargauri Singh, but then, the instant appellant who is son of Ranjeet Sah was also present at the place of occurrence along with other accused persons and it was the presence of the appellant along with other accused persons which emboldened Rahul son of Hargauri Singh to commit the occurrence of firing leading to injury. It is also submitted that investigation in the case is still continuing. Patna High Court CR. APP (SJ) No.5055 of 2025(2) dt.04-02-2026 3/3
6. Considering the submissions made by the learned Special P.P., the Court is not inclined to extend the privilege of anticipatory bail to the appellant. 7. The prayer of the appellant for anticipatory bail stands rejected. vikash/- (Satyavrat Verma, J) U T