Patna High Court
Karan Kumar ChaupalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal is dismissed and bail is denied as the court is not inclined to grant bail given the ample material against the appellant.
Summary
The appellant, Karan Kumar Chaupal, appealed against the Additional Sessions Judge’s order refusing bail in a murder case where the deceased’s husband was slain by slitting his neck. The prosecution alleged that the appellant was implicated through a confessional statement of co‑accused Dhiran Kumar Chaupal and mobile call records linking him to the crime, and also charged him under the SC/ST Act for allegedly using the informant’s caste name. The appellant contended he was falsely implicated, not named in the FIR, and that the recovered mobile phone did not belong to him, asserting no intent to disgrace the informant and highlighting his clean record. The State and the informant opposed bail, emphasizing the corroborative medical evidence and the appellant’s confession. The High Court, finding ample material against the appellant, declined to grant bail and dismissed the appeal, while allowing a fresh bail application if trial exceeds three months.
Issues considered
- Whether the appellant is entitled to bail in view of the evidence, including the co‑accused’s confession and mobile call records.
- Whether the appellant’s alleged conduct constitutes an offence under the SC/ST Act.
- Whether the material on record justifies the denial of bail under the applicable provisions of the BNS Act and the SC/ST Act.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v), 3(i)(r)
Subjects
- bail
- murder
- confessional statement
- mobile call records
- SC/ST Act
- false implication
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3205 of 2025
Arising Out of PS. Case No.-239 Year-2024 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Karan Kumar Chaupal S/o Mohan Kumar Chaupal @ Mohan Lal Chaupal
Resident of village - Burimari, ward no. 14, P.S.- Kochhadhaman, Distt.-
Kishanganj
... ... Appellant/s
Versus
1. The State of Bihar
2. Lakshmi Devi W/o Late Satish Lal Chaupal R/o vill - Budhimari, ward no.
14, P.S.- Kochadhaman, Distt.- Kishanganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Diksha Kumari, Advocate
For the State : Ms. Usha Kumari 1, SPP
For the Informant : Mr. Ram Prawesh kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 05-02-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State and learned counsel for the
informant. Perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 27.06.2025 passed by learned Additional
Sessions Judge-1st, Kishanganj whereby the prayer for bail of
the appellant in connection with Kochadhaman P.S. Case No.
239 of 2024 under Sections 103(1), 238, 61(2), 3(5) of the BNS
and 3(i)(r), 3(2)(v) of SC/ST Act was rejected.
3. The prosecution case, in short, is that the unknown
accused persons committed the murder of the informant’s
Patna High Court CR. APP (SJ) No.3205 of 2025(3) dt.05-02-2026
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husband by slitting his neck with sharp weapon.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in the present case.
Appellant is not named in the F.I.R. The name of the appellant
has transpired on the basis of confessional statement of co-
accused co-accused Dhiran Kumar Chaupal. Learned counsel
further submits that the mobile phone which was recovered
from the place of occurrence does not belong to the appellant.
No incriminating article has been recovered from the conscious
possession of the appellant. 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 in custody since 09.11.2024 and has no
criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant. Learned SPP further submitted that as per paragraph
nos. 37, 38, 39 and 40 of the case diary, the last call on the
mobile phone of the deceased was made by the mobile number
which belongs to the son of co-accused and also the appellant
Patna High Court CR. APP (SJ) No.3205 of 2025(3) dt.05-02-2026
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has confessed his guilt and has disclosed the manner in which
he committed the murder of the deceased which is corroborated
by the post-mortem report. Learned SPP for the State and
learned counsel for the informant jointly prayed that appellant
may not be released on bail. Appeal of similarly situated co-
accused person has been dismissed by this Court vide order
dated 27.03.2025, passed in Cr. Appeal (SJ) No. 165 of 2025.
6. Considering the aforesaid facts and circumstances of
the case, there being ample material against the appellant
available in the case diary supported by the medical evidence,
this Court is not inclined to grant bail to the appellant.
7. Accordingly, the present appeal is dismissed.
8. However, appellant will be at liberty to renew his
prayer for bail in the Court below, if the trial is not concluded
within a period of three months.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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