Dismissed¶29

Rajeev Singh @ Rajeev Kumar Singh v. The State of Bihar

Patna HC17 Oct 2025CR. APP (SJ)/968/2025

Case brief

AI extract

What is this about?

Anticipatory bail refused; appeal under Section 14-A(2) SC/ST Act 1989 dismissed; Pakaridayal P.S. Case No.07/2017; Sections 302, 326, 307, 458, 120B IPC; Section 27 Arms Act; Sections 3(2)(v)(A) SC/ST (POA) Act; impugned order dated 25.01.2025 by Special Judge SC/ST (POA) Act East Champaran Motihari; co-accused tried and acquitted; appellants termed fence sitters by Special P.P.; Rajeev Singh @ Rajeev Kumar Singh, Sanjeev Kumar Singh, Kunal Singh v. State of Bihar and Madan Prasad; counsel Abhishek Kumar (appellants), Usha Kumari Special P.P.; High Court of Judicature at Patna; Satyavrat Verma J; decided 17-10-2025.

What did the court decide?

Considering the submissions made by the learned Special P.P., the Court was not inclined to extend the privilege of anticipatory bail to the appellants. ¶28

Rajeev Singh @ Rajeev Kumar Singh Vs The State of… — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.968 of 2025

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Arising Out of PS. Case No.-7 Year-2017 Thana- PAKRIDAYAL District- East Champaran

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Rajeev Singh @ Rajeev Kumar Singh Son of Kedar singh Resident of village- Mathiya ziraat, ps- chhatauni, Dist- East Champaran

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Sanjeev Kumar Singh son of Kedar Singh Resident of village- Mathiya ziraat, ps- chhatauni, Dist- East Champaran

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Kunal Singh son of Kedar Singh Resident of village- Mathiya ziraat, pschhatauni, Dist- East Champaran

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... ... Appellant/s

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Versus

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The State of Bihar

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Madan Prasad son of Late Ram Swarup Sah village- Pakaridayal, Pspakaridayal, Dist- East champaran

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... ... Respondent/s

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Appearance :

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For the Appellant/s : Mr. Abhishek Kumar For the Respondent/s : Ms. Usha Kumari 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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5 17-10-2025

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Heard learned counsel for the appellants and the

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learned Special P.P. Ms. Usha Kumari No.1.

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This is an appeal under Section 14-A(2) of the

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 25.01.2025 passed by the learned Special Judge, SC/ST (POA) Act, East Champaran, Motihari in connection with Pakaridayal P.S. Case No.07/2017, registered under Sections 302, 326, 307, 458, 120B of the Indian Penal Code,

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Patna High Court CR. APP (SJ) No.968 of 2025(5) dt.17-10-2025 2/3

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Section 27 of the Arms Act and Sections 3(2)(v)(A) of the SC/ST (POA) Act.

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Learned counsel for the appellants at the outset submits that the appellant no.1 has antecedent of three cases and appellant no.2 and 3 are persons with clean antecedent. It is further submitted that no doubt it is a case of murder but some of the accused who were arrested faced trial and they were acquitted. It is thus submitted that no useful purpose would be served by sending the appellants to jail when other co-accused who faced trial have been acquitted.

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Learned Special Public Prosecutor vehemently opposes the prayer for anticipatory bail of the appellants and submits that appellants are fence sitters. It is next submitted that it is a case of 2017 and the appellants it appears were waiting to see what happens in the trial of the accused persons who were arrested. It is submitted that the accused who were arrested faced the rigors of criminal trial and the appellants are trying to take advantage like a fence sitters. It is also submitted that acquittal of other co-accused cannot be a ground for granting anticipatory bail to the appellants as the appellants still have to face the criminal trial and it may be a possibility that appellants may get convicted. It is also submitted that the Court should not

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Patna High Court CR. APP (SJ) No.968 of 2025(5) dt.17-10-2025 3/3

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come to rescue of those who move at their leisure.

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