Patna High Court
Chutan Kumar @ Chutun KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is dismissed and the order rejecting anticipatory bail is upheld.
Summary
Chutan Kumar appealed against the Patna High Court's order dated 01‑03‑2025 that rejected his application for anticipatory bail in a case involving alleged homicide. The FIR dated 13‑01‑2025 alleged that Kumar, while driving a car, struck a motorcycle, killing Dinesh Paswan and injuring the informant who was an eyewitness. The charges were under section 103(1) of the Bihar Negotiable Instruments Act and sections 3(i)(r)(s) and 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant argued that there were no sufficient grounds to deny bail. Justice Prabhat Kumar Singh, after considering the facts and the seriousness of the offence, found no reason to interfere with the trial court’s decision and dismissed the appeal, directing the trial court to complete the trial within one year.
Issues considered
- Whether the appellant is entitled to anticipatory bail in a case involving alleged homicide and offences under the SC/ST (Prevention of Atrocities) Act
- Whether the order rejecting anticipatory bail is legally sustainable on the facts presented
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)(a), 3(i)(r)(s)
Subjects
- anticipatory bail
- criminal procedure
- SC/ST (Prevention of Atrocities) Act
- homicide
- motor vehicle accident
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2072 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Chutan Kumar @ Chutun Kumar son of Nawal Raut village- Kotwa, Ps-
Kotwa, Dist- East Champaran
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shashi Bhushan Pandey, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 08-01-2026 Heard learned counsel for the parties.
2. This appeal has been filed for setting aside order
dated 01.03.2025 passed in a case registered for the offence
punishable under sections 103 (1) of BNS and sections 3(i)(r)
(s)/3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of the appellant has been rejected.
3 . As per F.I.R. on 13.01.2025 , this appellant dashed
the motorcycle of informant with his car due to which one of the
persons namely, Dinesh Paswan who was on motorcycle , died
on the spot. Informant is eye witness, who himself got injured in
the alleged occurrence .
4. Considering the aforesaid facts, nature of
accusation and other circumstances of the case , I do not find
Patna High Court CR. APP (SJ) No.2072 of 2025(3) dt.08-01-2026
2/2
any reason to interfere with the impugned order, accordingly
this appeal is dismissed. However, since appellant is in custody
since 18.01.2025 , learned Trial Court is directed to expedite
and conclude the trial, within the period of one year from the
date of receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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