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Patna High Court

Rajeev KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed bail for Rajeev Kumar and Sanjeev Kumar but dismissed the appeal of Vijay Kumar, setting aside the trial court’s denial of bail for the former two.

Summary

The informant alleged that her son was abducted and assaulted by several persons, including Rajeev Kumar, Sanjeev Kumar, and Vijay Kumar, leading to his disappearance and presumed death. The trial court rejected bail applications for all three accused under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act, citing the seriousness of the offences and the recovery of the victim’s body based on Vijay Kumar’s confession. On appeal, the High Court examined the lack of eye‑witness testimony, the general nature of the allegations against Rajeev and Sanjeev, and the absence of any public caste insult, concluding that the SC/ST provisions did not apply to them. The Court allowed the appeals of Rajeev Kumar and Sanjeev Kumar, setting aside the trial court’s order and granting them bail on condition of a Rs.15,000 bond with two sureties each. Conversely, the appeal of Vijay Kumar was dismissed because his confession led to the recovery of the dead body, indicating his involvement in the crime. The trial court was directed to expedite the trial without undue delays.

Issues considered

  • Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act in the absence of eye‑witness evidence.
  • Whether the allegations against the accused constitute an offence under the SC/ST Act given that no caste name was used in public.
  • Whether the confessional statement of a co‑accused (Vijay Kumar) justifies denial of bail for that co‑accused.

Legislation cited

Subjects

  • bail
  • Bharatiya Nyaya Sanhita
  • SC/ST Act
  • confessional statement
  • abduction
  • murder
  • caste discrimination
  • criminal appeal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.3678 of 2025
         Arising Out of PS. Case No.-56 Year-2025 Thana- SAHIYARA District- Sitamarhi
     ======================================================
     Rajeev Kumar Son of Late Yogendra Singh Resident Of Village- Kamaldah,
     Ward No. 15 Dharampur, PS -Bathnaha District -Sitamarhi

                                                                      ... ... Appellant/s
                                           Versus
1.   The State of Bihar
2.   Gangawati Devi wife of Ram Bali Village - Pure Chandi, Majre Meramau
     PS -Gurubakshganj District -Raibareli, Uttar Pradesh

                                               ... ... Respondent/s
     ======================================================
                                            with
                     CRIMINAL APPEAL (SJ) No. 3697 of 2025
         Arising Out of PS. Case No.-56 Year-2025 Thana- SAHIYARA District- Sitamarhi
     ======================================================
     Sanjeev Kumar @ Sandeep Kumar son of Bihari Mahto Resident of Ward NO
     1 Sirsian PS- Tariyani Chapra, District- Sitamarhi

                                                                      ... ... Appellant/s
                                           Versus
1.   The State of Bihar
2.   Gangawati Devi wife of Ram Bali Village -Pure Chandi, Majre Meramau
     PS- Gurubakshganj District -Raibareli Uttar Pradesh

                                               ... ... Respondent/s
     ======================================================
                                            with
                     CRIMINAL APPEAL (SJ) No. 3906 of 2025
         Arising Out of PS. Case No.-56 Year-2025 Thana- SAHIYARA District- Sitamarhi
     ======================================================
     Vijay Kumar Son of Shivjee Singh @ Shivaji Mahato @ Shivji Mahto
     Resident Of Village- Madhubani Tola PS- Saihiyara District- Sitamarhi

                                                                      ... ... Appellant/s
                                           Versus
1.   The State of Bihar
2.   Gangawati Devi Wife of Ram Bali Village -Pure Chandi, Majre Meramau,
     PS- Gurubakshganj, District -Raibareli, Uttar Pradesh

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     (In CRIMINAL APPEAL (SJ) No. 3678 of 2025)
     For the Appellant/s :     Mr. Krishna Prasad Singh, Sr. Advocate
         Patna High Court CR. APP (SJ) No.3678 of 2025(4) dt.15-01-2026
                                                      2/5




                                            Mr. Rakesh Singh, Advocate
                 For the State            : Mr. Binay Krishna, SPP
                 For the Informant        : Ms. Madhubala Verma, Advocate
                                            Mr. Chitransh Raj, Advocate
                 (In CRIMINAL APPEAL (SJ) No. 3697 of 2025)
                 For the Appellant/s :      Mr. Krishna Prasad Singh, Sr. Advocate
                                            Mr. Rakesh Singh, Advocate
                 For the State       :      Mr. Binay Krishna, SPP
                 For the Informant   :      Ms. Madhubala Verma, Advocate
                                            Mr. Chitransh Raj, Advocate
                 (In CRIMINAL APPEAL (SJ) No. 3906 of 2025)
                 For the Appellant/s :      Mr. Krishna Prasad Singh, Sr. Advocate
                                            Mr. Rakesh Singh, Advocate
                 For the State       :      Mr. Binay Krishna, SPP
                 For the Informant   :      Ms. Madhubala Verma, Advocate
                                            Mr. Chitransh Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   15-01-2026             Heard learned counsel for the appellants, learned Special

                   Public Prosecutor for the State and learned counsel for the

                   informant.

                           2.        The instant appeal has been filed by the appellants

                   against the order dated 23.05.2025 passed by learned 1 st

                   Additional Sessions Judge-cum-Special Judge, SC/ST (PoA)

                   Act, Sitamarhi whereby the prayer for bail of the appellants in

                   connection with Sahiyara PS Case No. 56 of 2025 instituted

                   under Sections 126(2), 127(2), 115(2), 137(2), 140(3), 352,

                   351(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   Sections 3(1)(r)(s) of SC/ST Act was rejected.

                           3.        The prosecution case, in brief, is that the informant

                   stated that her son Jitendra had been taken for work to ‘Vitiya

                   Brick Kiln’, Madhubani, about two months earlier by co-
Patna High Court CR. APP (SJ) No.3678 of 2025(4) dt.15-01-2026
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          accused Raju. On 31.03.2025 at around 7–8 PM, Jitendra called

          her and alleged that the brick kiln owner Vijay Kumar, Munshi

          Sanjeev Kumar, tractor driver, Naresh Kumar, and the Rajeev

          Kumar were assaulting him and he feared being killed.

          Thereafter, no further contact was made, leading the informant

          to suspect that her son had been abducted.

                  4.      Learned counsel for the appellants submits that the

          appellants are innocent and have falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Learned counsel for the appellants submits that no specific

          allegation has been attributed against the appellants, namely,

          Rajeev Kumar and Sanjeev Kumar, rather the same is general

          and omnibus in nature. It is next submitted that there is no eye

          witness to the said occurrence. Dead body of the deceased has

          allegedly been recovered on the confession of appellant, namely,

          Vijay Kumar. Learned counsel for the appellants further submits

          that the appellants have 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 them. The

          appellants have no intention to disgrace the image of the

          informant in public view. The appellants, namely, Rajeev Kumar

          and Vijay Kumar are in custody since 23.04.2025 and have one
Patna High Court CR. APP (SJ) No.3678 of 2025(4) dt.15-01-2026
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          criminal antecedent each, whereas, appellant, namely, Sanjeev

          Kumar is in custody since 30.04.2025, having no criminal

          antecedent. Other co-accused has been granted bail by this

          Court vide order dated 16.10.2025 passed in Cr. Appeal (S.J.)

          No. 2333 of 2025.

                  5.      Learned Special P.P. for the State and the informant

          have vehemently opposed the prayer for grant of bail to the

          appellants. It is submitted that on the basis of confessional

          statement of appellant, namely, Vijay Kumar, dead body of the

          deceased was recovered.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          appellants, namely, Rajeev Kumar and Sanjeev Kumar @

          Sandeep Kumar, this Court is inclined to allow Criminal Appeal

          (SJ) No. 3678 of 2025 and Criminal Appeal (SJ) No. 3697 of

          2025 as against appellants, namely, Rajeev Kumar and Sanjeev

          Kumar @ Sandeep Kumar. Accordingly, the aforesaid appeals

          are allowed and order dated 23.05.2025 passed by 1 st Additional

          Sessions Judge-cum-Special Judge, SC/ST (PoA) Act, Sitamarhi

          is hereby set aside as against the appellants, namely, Rajeev

          Kumar and Sanjeev Kumar @ Sandeep Kumar.

                  7.      Let the appellants, namely, Rajeev Kumar and
           Patna High Court CR. APP (SJ) No.3678 of 2025(4) dt.15-01-2026
                                                        5/5




                     Sanjeev Kumar @ Sandeep Kumar, be released on bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Sahiyara PS

                     Case No. 56 of 2025.

                             8.      So far as appellant, namely, Vijay Kumar is

                     concerned, considering the fact that on the basis of his

                     confessional statement, dead body of the deceased was

                     recovered, this Court is not inclined to allow the Criminal

                     Appeal (SJ) No. 3906 of 2025 as against appellant, namely,

                     Vijay Kumar. Accordingly, Criminal Appeal (SJ) No. 3906 of

                     2025 is dismissed as against appellant, namely, Vijay Kumar.

                             9.      The Trial Court is directed to expedite the trial as

                     expeditiously as possible without any undue delay and

                     unnecessary adjournments.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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