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Patna High Court

Satrudhan Kumar @ Kallu @ Satruhan @ Shatrohan ChaudhayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The High Court refused bail to the appellant, holding that the circumstances did not warrant its grant, though it permitted a future bail application if charges are not framed within a year.

Summary

The appellant, Satrudhan Kumar, was arrested in connection with a murder case (Ballia P.S. Case No.321 of 2024) alleged under Section 103(1) of the BNS read with Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. He applied for regular bail, contending that he is not named in the FIR, has no material against him except a confessional statement of co‑accused Satish Kumar, and has a clean antecedent. The prosecution and the informant opposed bail, asserting that the appellant conspired with co‑accused to murder the deceased and that material in the case diary implicates him. The court noted that charges had not yet been framed and that the confessional statement was unreliable, but still declined to grant bail, emphasizing the seriousness of the offence and the lack of charge framing. The court, however, allowed the appellant to move for bail if charges are not framed within one year from the date of the order.

Issues considered

  • Whether bail should be granted to the appellant pending trial for offences under the SC/ST (Prevention of Atrocities) Act.
  • Whether the confessional statement of the co‑accused can be relied upon as substantive material against the appellant.
  • Whether the absence of charge framing affects the grant of bail.

Legislation cited

Subjects

  • bail
  • SC/ST (Prevention of Atrocities) Act
  • murder
  • confessional statement
  • charge framing
  • post‑mortem report
  • hypoxia
  • strangulation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3782 of 2025
                      Arising Out of PS. Case No.-321 Year-2024 Thana- BALIYA District- Begusarai
                 ======================================================
                 Satrudhan Kumar @ Kallu @ Satruhan @ Shatrohan Chaudhay S/O Rajendra
                 Chaudhary R/O Village- Sahebpur Kamal, P.S- Sahebpur Kamal, Distt.-
                 Begusarai, Bihar.

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Naresh Paswan S/O Late Sonelal Paswan R/O Village- Singhaul Ward No.
                 01, P.S- Singhaul, Distt.- Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Chandan Kumar Kashyap, Adv.
                 For the Respondent/s    :        Mr.Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

6   18-02-2026                    Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the informant.

                               2. The appellant seeks regular bail in connection with

                   Ballia P.S. Case No.321 of 2024 lodged for offences punishable

                   under Section 103(1) of the BNS read with Sections 3(1)(r)(s),

                   3(2)(v) of SC/ST (Prevention of Atrocities) Act pending before

                   the Court of Exclusive Special Judge SC/ST (POA) Act,

                   Begusarai.

                               3. The present appeal has been filed for setting aside

                   the order dated 02.08.2025 passed by learned Exclusive Special

                   Judge, SC/ST (POA) Act, Begusarai passed in Ballia P.S. Case
Patna High Court CR. APP (SJ) No.3782 of 2025(6) dt.18-02-2026
                                             2/3




          No.321 of 2024.

                       4. Counsel for the appellant submits that the bail

          application of the appellant has been rejected earlier vide order

          dated 05.06.2025 passed in Cr. Appeal (SJ) No.639 of 2025. He

          further submits that the appellant is not named in the FIR and

          only by virtue of suspicion, the name of appellant has been

          inserted in this case.

                       5. Counsel further submits that there is no material

          against him, save and except, the confessional statement of the

          co-accused, namely, Satish Kumar, which cannot be relied upon.

          He further submits that appellant is in custody since 05.10.2024

          having clean antecedent.

                       6. Counsel for the appellant submits that the co-

          accused, namely, Satish Kumar has been granted bail by the Co-

          ordinate Bench of this Court vide order dated 15.05.2025 passed

          in Cr. Appeal(SJ) No.1265 of 2025. He further submits that

          from the post-mortem report, it is clear that death has been

          caused due to Hypoxia as a result of strangulation, whereas in

          the confessional statement, allegation of murder has been made.

          He further submits that there is sharp contradiction in the ocular

          evidence and the post-mortem report.

                       7. Learned counsel for the informant vehemently
           Patna High Court CR. APP (SJ) No.3782 of 2025(6) dt.18-02-2026
                                                        3/3




                     opposes the bail of the appellant and submits that appellant is

                     involved in the murder of the deceased.

                                  8. Learned Special Public Prosecutor opposes the

                     prayer for bail and submits that in the case diary, a detailed

                     material has come against the appellant that he in connivance

                     with other co-accused, have killed the deceased.

                                  9. Upon specific query of the Court that whether

                     charge has been framed or not? In this regard, counsel submits

                     that as per his knowledge, charge has not been framed till date.

                                  10. In this view of the matter, this Court is not

                     inclined to grant bail to the appellant. Therefore, the bail

                     application of the appellant is hereby rejected.

                                  11. However, liberty is hereby granted to the appellant

                     that if charge shall not be concluded within one year from today,

                     then in that case, he may move for bail.



                                                                   (Dr. Anshuman, J)
Prakashmani/-

U      T


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