Patna High Court
Jamindar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is released on bail.
Summary
Jamindar Singh appealed against the denial of bail in a case where he was charged under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (PoA) Act for the murder of Rakesh Kumar. The prosecution alleged that the accused assaulted the victim, leading to his death, but the defence argued lack of eyewitnesses, no dying declaration, and that the informant’s caste name was not used publicly, negating a SC/ST offence. The appellant also claimed the charges were motivated by a prior dispute and that the co-accused’s confession was inadmissible. The Special Public Prosecutor and the informant opposed bail. Considering the weak evidential basis and the period of custody already served, the Patna High Court set aside the lower court’s order and granted bail on condition of a bond and sureties. The appeal was therefore allowed.
Issues considered
- Whether bail should be granted to the appellant despite the serious nature of the charges.
- Whether the alleged acts constitute an offence under the SC/ST (PoA) Act given the caste name was not used publicly.
- Whether the evidence presented (lack of eyewitness, dying declaration, and alleged confession) is sufficient to justify continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 127(2), 190, 191(2), 191(3)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(2)(s), 3(2)(v)
Subjects
- bail
- SC/ST Act
- murder
- caste
- evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3743 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- SIKARHATTA District- Bhojpur
======================================================
Jamindar Singh S/O Late Ram Das Singh R/O Village- Pathkhauli, P.S-
Sikarhatta, Distt.- Bhojpur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ravinandan Prasad S/O Mahendra Ram R/O Village- Pathkhauli, P.S-
Sikarhatta, Distt.- Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravindra Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 22-01-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State and learned counsel for the
informant.
2. The instant appeal has been filed by the appellant
against the order dated 04.08.2025 passed by learned 1 st
Additional Sessions Judge-cum-Special Judge, SC/ST (PoA)
Act, Bhojpur at Ara whereby the prayer for bail of the appellant
in connection with SC/ST Case No. 129 of 2025, arising out of
Sikarhatta PS Case No. 88 of 2025 instituted under Sections
191(2), 191(3), 190, 126(2), 127(2), 115(2) & 103(1) of the
Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(2)(s) &
3(2)(v) of SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.3743 of 2025(4) dt.22-01-2026
2/3
3. The prosecution case, in short, is that on
14.05.2025 at about 10:00 PM near Patkhauli, the accused
persons intercepted Rakesh Kumar, assaulted him with lathi,
danda, iron rod and butt of pistol causing serious injuries, and
threw him on Fatehpur Raji Road. Thereafter, he was taken to
Piro PHC and then referred to Sadar Hospital, Ara, where he
died during treatment on 15.05.2025.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. It is
submitted that the informant is not an eyewitness and the case
rests on undisclosed telephonic information and suspicion.
There is no credible dying declaration, no identification of the
accused, and no witness to the occurrence, which allegedly took
place at night. The implication of the appellant appears to be
motivated by a prior petty dispute, and the alleged confession of
a co-accused is fabricated and inadmissible. 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 16.05.2025 and
Patna High Court CR. APP (SJ) No.3743 of 2025(4) dt.22-01-2026
3/3
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
petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 04.08.2025
passed by learned 1st Additional Sessions Judge-cum-Special
Judge, SC/ST (PoA) Act, Bhojpur at Ara is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with SC/ST Case No. 129
of 2025, arising out of Sikarhatta PS Case No. 88 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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