Patna High Court
Chhotelal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and bail is granted to the appellant.
Summary
The appellant, Chhotelal Kumar, was charged under multiple provisions of the Bharatiya Nyaya Sanhita, the Arms Act and several sections of the SC/ST (Prevention of Atrocities) Act for alleged participation in a violent attack on a Dalit settlement. The trial court refused bail, prompting an appeal under the SC/ST Act. The appellant argued that his name was not in the FIR and that his inclusion stemmed only from confessional statements of co‑accused, which he claimed were unreliable; he also highlighted his clean record and custody since October 2024. The State opposed bail, emphasizing the gravity of the offences. The Patna High Court set aside the trial court’s order, granting bail on a bond of Rs. 10,000 with two sureties, and allowed the appeal.
Issues considered
- Whether the appellant’s inclusion in the FIR based solely on confessional statements of co‑accused suffices to deny bail
- Whether the seriousness of the offences under the SC/ST (Prevention of Atrocities) Act precludes the grant of bail
- Whether the appellant’s lack of prior criminal record and custodial status warrant bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 111(3), 190, 191(2), 193(3), 303(2), 326(g), 351(2), 351(3), 352, 61(2)(a)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1), 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va)
Subjects
- bail
- SC/ST Act
- scheduled caste atrocities
- confessional statement
- exclusive special judge
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.394 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Chhotelal Kumar Son of Anil Yadav @ Anil Prasad Resident of Village- Nari,
P.S. Noorsarai, District- Nalanda,
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni Son of Sanjay Manjhi Resident of Village- Dedaur, Tola Krishna
Nagar Nadi Par, Panchayat Bhadokhra, P.S.- Mufassil, Distt.- Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Man Mohan Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellant 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 06.12.2024 in B.P. No. 1913
of 2024 passed by the learned Exclusive Special Judge, Special
Court S.C./S.T. (POA) Act, Nawada in connection with Muffasil
P.S. Case No. 372 of 2024 registered for the offences punishable
under Sections 191(2), 193(3), 190, 109(1), 352, 351(2), 351(3),
326(g), 303(2), 111(3) & 61(2)(a) of the Bharatiya Nyaya
Sanhita and under Section 27 of the Arms Act as well as
Sections 3(1), 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Patna High Court CR. APP (SJ) No.394 of 2025(4) dt.15-01-2026
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& 3(2)(v) of the SC/ST (PoA) Act.
3. The case of the prosecution, in brief, is that the
complainant and about 60 families of Krishna Nagar were living
since 2015 in a small hut like houses on government land by the
bank of river bearing Khata No. 226 and Plot No. 2278/2470. It
is alleged that on the date of occurrence, altogether 28 named
accused persons and other unnamed; total 70 accused persons
armed with pistol, sticks and petrol attacked the village and
open fire on the villagers and also assaulted them. It is further
alleged that the accused persons set on fire the houses, vandalize
them and looted all the money and valuables they found. When
the villagers approached to save their property, they flee away
making firing.
4. Learned counsel for the appellant submits that the
name of this petitioner does not find place in the FIR. During
course of investigation one Amit Raj and one Rohit Kumar has
given their confessional statement. The name of this appellant
has surfaced in the confessional statement of these few persons
and afterwards police has also extracted confessional statement
of this appellant. Learned counsel for the appellant has further
submitted that Amit Raj on whose statement the name of this
petitioner has surfaced, his appeal has been allowed by the
Patna High Court CR. APP (SJ) No.394 of 2025(4) dt.15-01-2026
3/3
learned Co-ordinate Bench vide Cr. App. (SJ) No. 2773 of 2025.
The case of this appellant stands on similar footing. Learned
counsel for the appellant has lastly submitted that the appellant
is having no criminal antecedent and is in judicial custody since
08.10.2024.
5. Learned Special Public Prosecutor for the State is
present and has vehemently opposed the bail to the appellant.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 06.12.2024 in B.P. No.
1913 of 2024 passed by the learned Exclusive Special Judge,
Special Court S.C./S.T. (POA) Act, Nawada in connection with
Muffasil P.S. Case No. 372 of 2024 is hereby set aside and the
appellant above-named, be released on bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned court of
Exclusive Special Judge, Special Court S.C./S.T. (POA) Act,
Nawada in connection with Muffasil P.S. Case No. 372 of 2024.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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