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Patna High Court

Sandeep Kumar @ Sandip KumarversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted to the appellant, setting aside the lower court’s order denying bail.

Summary

The appellant, Sanjay Kumar, was charged under Sections 302, 201 and 120B of the IPC and several provisions of the SC/ST Act for the alleged murder of the informant’s son, who was said to have been throttled and his body disposed of in a water body. The prosecution’s case relied on the informant’s statement and a confessional statement of a co‑accused who implicated the appellant, while the defence argued that the appellant was not named in the FIR and that the allegations under the SC/ST Act were unfounded. The trial court had denied bail, but the appellant appealed to the Patna High Court. The High Court examined whether the charge‑sheet specifically implicated the appellant and whether the SC/ST provisions were attracted, finding the allegations insufficiently specific. Consequently, the Court set aside the lower court’s order, allowed the appeal and granted bail with conditions. The appellant was released on bail upon furnishing a bond of Rs.15,000 with two sureties and compliance with stipulated conditions.

Issues considered

  • Whether the appellant is sufficiently implicated in the murder charge to justify denial of bail.
  • Whether the allegations under the Scheduled Castes and Scheduled Tribes (Prevention) Act are made out against the appellant.
  • Whether a co‑accused’s confessional statement alone can sustain the denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • SC/ST Act
  • confession
  • charge sheet
  • appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1992 of 2025
                   Arising Out of PS. Case No.-88 Year-2024 Thana- CHANDRAMANDI District- Jamui
                 ======================================================
                 Sandeep Kumar @ Sandip Kumar S/O Sri Ramjeevan Singh @ Ramjeev
                 Kumar Singh R/O Vill.- Bhoraha, P.s.- Simri Bakhtiyarpur, Dist.- Saharsa



                                                                                ... ... Appellant/s
                                                     Versus


           1.    The State of Bihar
           2.    Fulwa Devi W/O Kailash Das R/O Vill.- Peterpahari, P.s.- Chakai, Dist.-
                 Jamui, Present R/O Motimahal Chakai, P.s.- Chakai, Dist.- Jamui



                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Vaishnavi Singh, Advocate
                 For the Respondent/s   :       Ms. Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   05-02-2026             Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                           2.      The instant appeal has been filed by the appellant

                   against the order dated 05.04.2025 passed by learned District

                   and Additional Sessions Judge-I, Jamui whereby the prayer for

                   bail of the appellant in connection with Chandramandih PS Case

                   No. 88 of 2024 instituted under Sections 302, 201 & 120B of

                   the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(v) & 3(2)

                   (va) of SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.1992 of 2025(4) dt.05-02-2026
                                             2/4




                  3.      Prosecution case, in short, is that informant alleged

          that her son, Chhotu Kumar @ Raj Kumar Paswan, was called

          by Kumar Vijay Raj @ Vijay Kumar, Nisi Raj, Darvesh Kumar

          @ Dharmesh Kumar, Sanjay Kumar (appellant) and unknown

          persons and was killed by throttling pursuant to a prior

          conspiracy. It is stated that the accused thereafter threw his dead

          body in Ghormo Bahiyar to conceal the offence, and were found

          absconding when she went to enquire. The informant, after

          being alerted by villagers, reached Ghormo Bahiyar and

          identified the dead body of her son, suspecting the named

          accused due to an earlier quarrel and threats.

                  4.      Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Appellant is not named in the FIR. The name of the appellant

          has transpired in re-statement of the informant. There is no

          specific allegation against the appellant, rather the same is

          general and omnibus in nature. Learned counsel for the

          appellant further submits that the appellant has not taken the

          caste name of the informant in public view. Hence, no offence

          under the provisions of SC/ST Act is made out against him. The

          appellant has no intention to disgrace the image of the informant
Patna High Court CR. APP (SJ) No.1992 of 2025(4) dt.05-02-2026
                                             3/4




          in public view. The appellant is in custody since 26.06.2024 and

          has no criminal antecedent.

                  5.      Learned Special P.P. for the State has vehemently

          opposed the prayer for grant of bail to the appellant. It is

          submitted that co-accused has confessed his guilt in his

          confessional statement and has specifically stated the role of the

          appellant.       As per postmortem report, cause of death is

          mechanical asphyxia caused by strangulation.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to allow this appeal.

          Accordingly, the appeal is allowed and order dated 05.04.2025

          passed by learned District and Additional Sessions Judge-I,

          Jamui is hereby set aside.

                  7.      Let the appellant be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Chandramandih PS

          Case No. 88 of 2024, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the appellant.

                  (II) The appellant shall appear on each and every date
           Patna High Court CR. APP (SJ) No.1992 of 2025(4) dt.05-02-2026
                                                        4/4




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the appellant.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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