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Patna High Court

Jamindar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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