Patna High Court
Happy Kumar @ RajkumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal is dismissed and bail is not granted to the appellant.
Summary
The appellant, Happy Kumar, was charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST Act for allegedly stabbing the brother of an informant to death. He sought bail, claiming innocence, political victimisation, lack of physical evidence, and that no caste insult was made in public. The State opposed bail, citing the post‑mortem report indicating death by a sharp weapon and direct allegations that the appellant ordered the assault. The Patna High Court, after considering the gravity of the offence and the direct allegations, refused to grant bail and dismissed the appeal. The court directed the trial court to expedite the trial within six months, allowing the appellant to renew his bail prayer thereafter.
Issues considered
- Whether bail should be granted to the appellant under the Bharatiya Nyaya Sanhita and SC/ST Act charges.
- Whether the appellant's conduct amounts to an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether the evidence on record is sufficient to justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- criminal procedure
- SC/ST Act
- Bharatiya Nyaya Sanhita
- murder
- caste based offence
- political victimisation
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2841 of 2025
Arising Out of PS. Case No.-200 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
Happy Kumar @ Rajkumar Son of Rajkishore Rai @ Rajkishor Singh
Village- Ajgari Math, P.S- Banjariya, Dist- East champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Nikhil Ranjan Kumar son of Krishananandan ram Village- Ajgari Math, P.S-
Banjariya, Dist- East champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Brajesh Kumar Singh, Advocate
For the Respondent/s : Mr.Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 29-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State. Perused the case diary.
2. The instant appeal has been filed by the
appellant against the order dated 04.06.2025 passed by the
Exclusive Special Judge, SC/ST Act, East Champaran, Motihari,
whereby the prayer for bail of the appellant in connection with
Banjariya PS Case No. 200 of 2024 instituted under Sections
103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 3(1)(r)(s) & 3(2)(v) of SC/ST Act was rejected.
3. Prosecution case, in short, is that co-accused Rajiv
Singh @ Rajeev Kumar stabbed the brother of the informant to
death, whereas it is alleged that co-accused Jitendra Singh,
Patna High Court CR. APP (SJ) No.2841 of 2025(5) dt.29-01-2026
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Happy Kumar (Appellant) and Guddu had caught hold the
deceased.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case due to village politics. Charge-sheet has been
submitted in this case. It is submitted that nothing has been
recovered from the possession of the appellant. Informant is not
the eye witness to the occurrence. It is alleged that multiple
knife blow was given, but surprisingly, only one injury of
stabbing is found on the body of the deceased. 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 in public view. The appellant is custody since
17.05.2025 and has no criminal antecedent.
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellants. Referring
to paragraph No.20 of the case diary containing postmortem
report indicates cause of death as haemorrhage and shock due to
injuries caused by sharp pointed and long weapon. There is
direct allegation against the appellant and other co-accused to
Patna High Court CR. APP (SJ) No.2841 of 2025(5) dt.29-01-2026
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caught hold the deceased.
6. Considering the aforesaid facts and circumstances
of the case, taking into account the nature and gravity of the
offence as also there being direct allegation against the appellant
that he was the order giver of the occurrence, this Court is not
inclined to allow the appeal. Appeal is, accordingly, dismissed.
7. The trial Court is directed to expedite the trial and
conclude the same expeditiously preferably within a period of
six months from today. If the trial is not concluded within the
period of six months, as stated above, the appellant will be at
liberty to renew his prayer before the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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