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Patna High Court

Satyam Kunwar @ Satyam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the appellant is released on bail.

Summary

The appellant, Satyam Kunwar, appealed against the trial court's order rejecting his bail application in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. He had been in custody since May 2023 and argued that the trial had progressed very slowly, with only two of six prosecution witnesses examined, one of whom turned hostile and the other being a hearsay witness. The State opposed bail, citing serious allegations against the appellant, but acknowledged the trial delay. The High Court noted the prolonged detention, the prosecution's lingering attitude, and the lack of substantive witness testimony, and consequently granted bail on a bond of Rs. 20,000 with two sureties. The appeal was allowed, setting aside the lower court's order denying bail.

Issues considered

  • Whether bail should be granted to the appellant despite serious allegations under the SC/ST Act given the delay in trial proceedings
  • Whether the prosecution's failure to examine key witnesses justifies the grant of bail

Subjects

  • bail
  • trial delay
  • SC/ST Act
  • scheduled caste
  • scheduled tribe
  • criminal procedure
  • prosecution witnesses
  • hearsay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3635 of 2025
                     Arising Out of PS. Case No.-416 Year-2020 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Satyam Kunwar @ Satyam Kumar, Son of Bilash Kunwar, R/o - Srirampur
                 Thuthi, P.S - Parbatta, District – khagaria       .. ... Appellant/s
                                                       Versus
           1.     The State of Bihar
           2.     Mritunjay Sharma, son of Late Nago Sharma Resident of village - Temtha
                  Karari, Ward no. 2, PS- Parbatta, Dist- Khagaria
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant       :        Mr. Anil Kumar Choudhary, Adv.
                 For the State           :        Mr. Sadanand Paswan, SPP
                 For the Resp. No. 2     :        None.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

5   09-01-2026                    Heard Mr. Anil Kumar Choudhary, learned counsel

                   for the appellant and Mr. Sadanand Paswan, learned SPP for the

                   State.

                               2. This appeal has been preferred by the appellant

                   under section 14A(2) of the Scheduled Castes and Scheduled

                   Tribes (Prevention of Atrocities) Act, 2015 (in short, ‘SC/ST

                   Act’) against the order dated 29.05.2025 passed by the court of

                   learned District & Additional Sessions Judge-I-cum Special

                   Judge (SC/ST), Khagaria, in connection with Supplementary

                   Parbatta P.S. Case No. 416 of 2020, by which the appellant’s

                   prayer for bail has been rejected.

                               3. The main submissions advanced by appellant’s

                   counsel are that this is the second attempt of the appellant to get

                   the relief of bail and his first prayer for the same relief was
Patna High Court CR. APP (SJ) No.3635 of 2025(5) dt.09-01-2026
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          rejected by this Court vide order dated 10.01.2025 passed in Cr.

          APP(SJ) No. 1132/2024, by which the trial court was directed to

          take step to conclude the appellant’s trial as early as possible

          keeping in view that the appellant has been languishing in jail

          since 19.05.2023 but even then there is no significant progress in

          his trial as out of four witnesses shown in the chargesheet, only

          two witnesses have been examined, which shows the lingering

          attitude of the prosecution and out of the said two witnesses, one

          witness went hostile and the second witness, who happens to be

          the wife of the deceased, is a hearsay witness. It is further

          submitted that a separate trial is running in connection with co-

          accused Bipul Singh bearing Sessions Trial No. 31/2022 in which

          three material witnesses of the prosecution have also been

          examined whose depositions’ copies have been filed with this

          appeal and the informant has not supported the case of the

          prosecution. It is lastly submitted that there is no chance of

          completion of the appellant’s trial in near future.

                       4. No one appears on behalf of the respondent No. 2

          despite the notice having been served upon him.

                       5. On the other hand, learned SPP appearing for the

          State has opposed the prayer of the appellant and submits that

          there is serious allegation against the appellant, though, a

          significant delay has taken place in the trial of the appellant as

          revealed by the appellant in his petition.
             Patna High Court CR. APP (SJ) No.3635 of 2025(5) dt.09-01-2026
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                                    6. Heard both the sides and perused the relevant

                       materials. Though there is serious allegation against the

                       appellant, however, this is the second attempt of the appellant to

                       get the relief of bail and while rejecting his first prayer, the trial

                       court was directed to conclude the appellant’s trial as early as

                       possible and thereafter, a period of one year has passed but even

                       then only two prosecution witnesses out of six prosecution

                       witnesses have been examined so far, which shows lingering

                       attitude of the prosecution, so, considering this aspect as well as

                       appellant’s custody period and the above submissions, this Court

                       is now inclined to release the appellant on bail. Accordingly, let

                       the appellant named above be released on bail on furnishing bail

                       bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                       sureties of the like amount each to the satisfaction of the learned

                       District & Additional Sessions Judge-I-cum Special Judge

                       (SC/ST), Khagaria, in connection with Supplementary Parbatta

                       P.S. Case No. 416 of 2020.

                                    7. In result, the instant appeal stands allowed and the

                       order impugned is hereby set aside.



                                                 (Shailendra Singh, J)
annu/-

U        T


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