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Patna High Court

Bechan RautversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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