Patna High Court
Chandan Kumar @ Chandan Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed; bail is granted and the order refusing bail is set aside.
Summary
The appellants, Chandan Kumar and Ranjan Kumar, were charged with murder and an offence under the SC/ST Act for allegedly stabbing the complainant’s son. They sought bail, arguing that the charge‑sheet lacked any eye‑witness, that the allegations were vague and did not specify any caste‑based abuse, and that a co‑accused in a similar case had been granted bail. The complainant’s counsel relied on a confessional statement of a co‑accused, Rakesh, who mentioned five persons but named none, and on an injury report showing a grievous but bailable injury to the complainant. The court held that the absence of specific caste‑based allegations and the lack of direct evidence warranted bail, set aside the lower court’s refusal, and ordered bail on a bond of Rs 10,000 with two sureties. Consequently, the appeal was allowed and the appellants were released on bail.
Issues considered
- Whether bail can be denied under the SC/ST Act when the charge‑sheet does not allege any specific caste‑based abuse.
- Whether the lack of eye‑witness testimony and the general nature of the allegations justify granting bail.
- Whether the injury to the complainant, being bailable in nature, affects the bail decision.
- Whether the precedent of bail granted to a similarly situated co‑accused is determinative.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 183, 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- bail
- SC/ST Act
- murder
- caste atrocity
- evidentiary standards
- confessional statement
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3672 of 2025
Arising Out of PS. Case No.-194 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
1. Chandan Kumar @ Chandan Kumar Gupta S/o- Praduman Sah @ Prabhu
Sah Resident of village- Nawada PS and District- Gopalganj
2. Ranjan Kumar @ Ranjan Kumar Gupta @ Bittu Kumar S/o- Sri Praduman
Sah @ Prabhu Sah Resident of village- Nawada PS and District- Gopalganj
... ... Appellant/s
Versus
1. The State of Bihar
2. Most. Ramjhari Devi W/o- Late Daroga Manjhi R/o- Nawada Khas Po-
Manikpur Ps Dist- Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Adesh Raj Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 26-03-2026 Heard learned counsel for the appellants and learned
Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal of
prayer for bail vide order dated 25.07.2025 passed by the learned
Additional Sessions Judge-XI-cum-Exclsuive Special Judge
S.C./S.T. Act, Gopalganj in connection with Gopalganj Town P.S.
Case No. 194 of 2025 registered for the offences punishable
under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita and
under Section 3(2)(v) of the SC/ST Act.
3. The case of the complainant, in short, is that the
appellants along with two accused persons took away informant’s
Patna High Court CR. APP (SJ) No.3672 of 2025(5) dt.26-03-2026
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son and stabbed him to death.
4. Learned counsel for the appellants submits that in
this case charge-sheet has been filed and from perusal of the FIR
it is clear that there is no eye-witness of the case. Learned
counsel for the appellants has further submitted that the nature of
allegation is general and omnibus. There is no specific allegation
against the appellants. It has further been submitted tht the
appellants have not abused the informant with caste name in
public view. Hence, no offence under SC/ST Act is made out. It
has further been submitted that similarly situated co-accused has
been granted bail by the learned Co-ordinate Bench of this Court
vide Cr. App. (SJ) No. 3165 of 2025. Learned counsel for the
appellants has lastly submitted that the appellants are having no
criminal antecedent and they are in judicial custody since
16.03.2025.
5. Learned counsel for the complainant is present and
has vehemently opposed the bail to the appellants and has
submitted that during course of investigation, one Rakesh has
given his confessional statement before police under Section 183
of the BNSS wherein he has stated that five persons have stabbed
the deceased to death.
6. From perusal of the statement of Rakesh it is clear
that he has only stated that there were five persons but he has not
Patna High Court CR. APP (SJ) No.3672 of 2025(5) dt.26-03-2026
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named anyone. Moreover, similarly situated co-accused has been
granted bail.
7. Learned counsel for the complainant has also shown
the injury report and from perusal of that it is clear that the
complainant has received grievous injury in finger which is
bailable in nature.
8. In view of the submissions made by the learned
counsel for the appellant, the order dated 25.07.2025 passed by
the learned Additional Sessions Judge-XI-cum-Exclsuive Special
Judge S.C./S.T. Act, Gopalganj in connection with Gopalganj
Town P.S. Case No. 194 of 2025 is hereby set aside and the
appellants above-named, be released on bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each of them with
two sureties of the like amount each to the satisfaction of the
learned court of District and Additional Sessions Judge-XI-cum-
Exclsuive Special Judge S.C./S.T. Act, Gopalganj in connection
with Gopalganj Town P.S. Case No. 194 of 2025.
9. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
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