Patna High Court
Jaypal Kumar @ Jaypal ChauhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The order refusing bail is set aside and the appellant is released on bail.
Summary
The appellant, Jaypal Kumar, was charged under multiple provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in connection with a violent attack on a Dalit settlement. He contended that his name did not appear in the FIR and that it only surfaced through confessional statements of co‑accused, and that he had no prior criminal record. The Special Public Prosecutor opposed bail, but the appellant’s counsel highlighted that similar co‑accused had been granted bail in earlier appeals. The Patna High Court examined whether the refusal of bail was justified under the SC/ST Act and found no substantive ground to deny liberty. Consequently, the court set aside the trial court’s order refusing bail and directed that the appellant be released on bail upon furnishing the prescribed bond and sureties. The appeal was therefore allowed.
Issues considered
- Whether the refusal of bail to the appellant under the SC/ST (Prevention of Atrocities) Act was legally justified.
- Whether the appellant’s inclusion in the FIR based solely on co‑accused confessional statements warrants denial of bail.
- Whether the appellant’s lack of prior criminal antecedents and the bail granted to co‑accused affect his right to bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 111(3), 190, 191(2), 193(3), 303(2), 326(g), 351(2), 351(3), 352, 61(2)(a)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1), 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va)
Subjects
- bail
- SC/ST Act
- scheduled caste
- scheduled tribe
- atrocity
- confessional statement
- criminal procedure
- Arms Act
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.199 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Jaypal Kumar @ Jaypal Chauhan Son of Dashrath Chauhan Resident of
Village - Raghunathpur, P.S. - Rahui, District - Nalanda, Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni Son of Sanjay Majhi Permanent Resident of Panchayat
Madokhara, Police Station - Mufassil, District - Nawada (Informant herein)
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kundan Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 15-05-2026 Heard learned counsel for the appellant and learned Spl.
P.P. for the State.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter
referred to as the “SC/ST Act”) against the refusal of prayer for
bail vide order dated 30.10.2024 passed by the learned Exclusive
Special Judge, Special Court S.C./S.T. (POA) Act, Nawada in
connection with Muffasil P.S. Case No. 372 of 2024 registered for
the offences punishable under Sections 191(2), 193(3), 190,
109(1), 352, 351(2), 351(3), 326(g), 303(2), 111(3) & 61(2)(a) of
the Bharatiya Nyaya Sanhita and under Section 27 of the Arms
Act as well as Sections 3(1), 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)
(w), 3(2)(va) & 3(2)(v) of the SC/ST (PoA) Act.
3. The case of the prosecution, in brief, is that the
Patna High Court CR. APP (SJ) No.199 of 2025(4) dt.15-05-2026
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respondent and about 60 families of Krishna Nagar were living
since 2015 in a small hut like houses on government land by the
bank of river bearing Khata No. 226 and Plot No. 2278/2470. It is
alleged that on the date of occurrence, altogether 28 named
accused persons and other unnamed; total 70 accused persons
armed with pistol, sticks and petrol attacked the village and open
fire on the villagers and also assaulted them. It is further alleged
that the accused persons set on fire the houses, vandalize them and
looted all the money and valuables they found. When the villagers
approached to save their property, they flee away making firing.
4. Learned counsel for the appellant submits that the
name of this appellant does not find place in the FIR. During
course of investigation one Amit Raj and others have given their
confessional statement. The name of this appellant has surfaced in
the confessional statement of these co-accused persons and
afterwards police has also extracted confessional statement of this
appellant. Learned counsel for the appellant has further submitted
that Amit Raj on whose statement the name of this appellant has
surfaced, his appeal has been allowed by the learned Co-ordinate
Bench vide Cr. App. (SJ) No. 2773 of 2025. Learned counsel for
the appellant has further submitted that one co-accused, namely,
Chhotelal Kumar has also been granted bail by this court in Cr.
APP (SJ) No. 394 of 2025. The case of this appellant stands on
Patna High Court CR. APP (SJ) No.199 of 2025(4) dt.15-05-2026
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similar footing. A statement has been made in para-3 of this
petition that the appellant has got no criminal antecedent.
Moreover, he is languishing in judicial custody since 08.10.2024.
5. Learned Special Public Prosecutor for the State is
present and has vehemently opposed the bail to the appellant.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 30.10.2024 passed by
the learned Exclusive Special Judge, Special Court S.C./S.T.
(POA) Act, Nawada in connection with Muffasil P.S. Case No.
372 of 2024 is hereby set aside and the appellant above-named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge, Special Court
S.C./S.T. (POA) Act, Nawada in connection with Muffasil P.S.
Case No. 372 of 2024.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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