Patna High Court
Bechan RautversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the appellant.
Summary
The appellant, Bechan Raut, was charged with murdering two persons, including a child, under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and the SC/ST (Prevention of Atrocities) Act, 1989. He applied for regular bail, claiming innocence and no prior criminal record, while the prosecution argued that prima facie evidence showed his involvement and that the offences were grave. The High Court examined the seriousness of the charges and the statutory provisions governing bail in such cases. Considering the nature and gravity of the alleged murders, the Court found no sufficient ground to grant regular bail. Consequently, the appeal for bail was dismissed.
Issues considered
- Whether regular bail should be granted to the appellant under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act, 1989 in a murder case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 103(2), 238(2), 3(5), 61(2)
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(2)(va)
Subjects
- bail
- regular bail
- murder
- SC/ST Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1233 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- ANDHRAMATH District- Madhubani
======================================================
Bechan Raut S/o Late Bauelal Raut R/o Village - Narhi, Ward No.4, P.S -
Andhramath, District - Madhubani
... ... Appellant/s
Versus
1. The State of Bihar
2. Bandhu Kumar Raut S/o Bechan Raut R/o Village - Narhi, Ward No.4, P.S -
Andhramath, District - Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arvind Kumar
For the Respondent/s : Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 01-07-2026 Heard the learned counsel for the appellant, the
learned Special PP for the State and the learned counsel for the
informant.
2. The appeal is directed against the order dated
12.02.2026 passed by the learned District and Additional
Sessions Judge-I-cum-Special Judge, Madhubani in G.R. No.
1102/2025 arising out of Andhramath P.S. Case No. 105/2025
dated 13.06.2025, registered for the alleged offences punishable
under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita,
2023 (BNS), wherein cognizance has been taken under Sections
103(2), 61(2) and 238(2) of the BNS, 2023 as well as Section
3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989.
Patna High Court CR. APP (SJ) No.1233 of 2026(3) dt.01-07-2026
2/2
3. As per the prosecution case, the appellant is
accused of killing two persons including a child.
4. The learned counsel for the appellant has submitted
that the appellant is quite innocent and has not committed any
offence. He further submits that the appellant is in custody since
23.06.2025 and has no criminal antecedents.
5. Per contra, learned Spl. PP for the State and the
learned counsel for the informant have vehemently opposed the
bail application and submits that the allegations against the
appellant are serious and grave in nature. It is contended that
there exists prima facie material against the appellant indicating
his involvement in the commission of the offence.
6. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
appellant.
7. Accordingly, this appeal for regular bail stands
dismissed.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.