Patna High Court
Pintu Kumar @ Pintu RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is allowed and bail is granted to the appellant with specified conditions.
Summary
The appellant, Pintu Kumar, was charged under IPC sections 364, 302, 201, 120B and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly murdering his informant's husband. He appealed to the Patna High Court under Section 14(A)(2) of the SC/ST Act against the trial court's refusal to grant regular bail. The appellant argued that he has a clean antecedent, that the FIR is fabricated, and that a co‑accused’s confessional statement implicates another accused, not him. The State opposed bail, contending that the appellant is a named participant in the crime and that trial witnesses have already been examined. The High Court set aside the lower court’s order, granting bail on a Rs.10,000 bond with two sureties and imposing conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedent. Consequently, the appeal was allowed.
Issues considered
- Whether the appellant is entitled to regular bail under Section 14(A)(2) of the SC/ST Act despite serious charges under the IPC and the SC/ST Act.
- Whether the allegations against the appellant are false and fabricated, warranting bail.
- Whether the conditions imposed for bail are appropriate and lawful.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 364
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14(A)(2), 3(2)(v)
Subjects
- bail
- SC/ST Act
- murder
- false implication
- confessional statement
- criminal antecedent
- regular bail
- Section 14(A)(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.168 of 2026
Arising Out of PS. Case No.-142 Year-2024 Thana- JAHANABAD District- Jehanabad
======================================================
Pintu Kumar @ Pintu Ram S/o- Santosh Ram R/v- Daudpur, Kalpa OP Ps-
Dist- Jehanabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Kavita Devi W/o- Late Binod Manjhi R/v- Daudpur, Kalpa OP Ps Dist-
Jehanabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raju Kumar, Advocate
Mr. Shubham Samrat, Advocate
For the Respondent/s : Ms. Usha Kumari 1, SPP
For the Respondent No.2: Mr. Sanjay Kumar Mishra, Advocate
Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 14-05-2026 Heard Mr. Raju Kumar, learned counsel for the
appellant, Mr. Sanjay Kumar Mishra, learned counsel appearing
on behalf of the Respondent No. 2 as well as Ms. Usha Kumari
1, learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 05.12.2025
passed by the learned Court of Additional Sessions Judge-I-
cum-Special Judge, (SC/ST), Jehanabad in connection with Spl.
SC/ST Case No. 26 of 2025 arising out of Jehanabad (Kalpa)
P.S. Case No. 142 of 2024, F.I.R. dated 17.02.2024 registered
under Sections 364, 302, 201 and 120B of the IPC and Sections
3(2)(v) of the Scheduled Castes and Scheduled Tribes Act
Patna High Court CR. APP (SJ) No.168 of 2026(4) dt.14-05-2026
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(Prevention of Atrocities) Act.
3. According to the prosecution case, the informant
suspect that this appellant along with other accused persons
have killed her husband.
4. Learned counsel for the appellant submits that
appellant has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and he
has been made accused merely on the basis of suspicion. He
further submits that one Chandan Kumar was apprehended and
his confessional statement was recorded in which he has stated
that the co-accused, namely, Kamlesh Kahar has killed the
husband of the informant and the said Chandan Kumar is the
uncle of the informant. He further submits that Kamlesh Kahar
has been granted bail vide order dated 19.07.2024 by the learned
Trial Court. He further submits that the police, after
investigation, submitted charge sheet against the appellant. The
appellant is in custody since 03.11.2025.
5. Learned counsel appearing on behalf of the
Respondent No. 2 as well as learned Special Public Prosecutor
for the State have vehemently opposed the prayer for bail of the
appellant and submits that the appellant is named in the FIR and
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he has participated in the present crime in question and trial is in
progress and out of 8 charge sheet witnesses, 5 witnesses have
been examined.
6. Considering the aforesaid facts and circumstances
of the case, let the appellant, above named, be released 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 Court of Additional Sessions Judge-I-cum-Special
Judge, (SC/ST), Jehanabad in connection with Spl. SC/ST Case
No. 26 of 2025 arising out of Jehanabad (Kalpa) P.S. Case No.
142 of 2024, with other following conditions:-
i. Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at
any stage it is found that the appellant have concealed his
Patna High Court CR. APP (SJ) No.168 of 2026(4) dt.14-05-2026
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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