Patna High Court
Santosh Kumar @ Santosh Rai @ Santosh RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is allowed and bail is granted to the appellant subject to specified conditions.
Summary
The appellant, Santosh Kumar, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Bihar Narcotic Substances Act for alleged involvement in the murder of an informant’s son‑in‑law. He contended that he was falsely implicated, had a clean antecedent, and was merely a passenger in the vehicle, not the driver, and therefore should be charged under a lesser provision. The Special Public Prosecutor opposed bail, but the High Court, applying Section 14(A)(ii) of the SC/ST Act, considered the appellant’s lack of prior record and the circumstances of the incident. The Court ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. Consequently, the appellate order refusing bail was set aside and the appeal was allowed.
Issues considered
- Whether bail can be granted to an accused under Section 14(A)(ii) of the SC/ST Act despite the seriousness of the alleged offence.
- Whether the appellant’s role as a passenger, not the driver, warrants a lesser charge under Section 106 of the B.N.S. instead of Section 105.
- Whether the appellant’s clean criminal antecedent influences the bail decision under the SC/ST Act.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(2), 105, 106, 281, 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(ii), 3(1)(r), 3(2)(v)
Subjects
- bail
- SC/ST Act
- Scheduled Castes
- Scheduled Tribes
- criminal antecedent
- false implication
- murder
- Section 14(A)(ii)
- high court appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4040 of 2025
Arising Out of PS. Case No.-360 Year-2024 Thana- DIDARGANJ District- Patna
======================================================
Santosh Kumar @ Santosh Rai @ Santosh Ray S/o Lala Ray @ Lal Babu Rai
@ Lal Babu Singh R/o - Janakpur, P.S - Gaurichak, District - Patna
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Raj Kumar Das S/o Triveni Das R/o - Fatehpur, Ward No. 3, P.S - Didarganj,
District - Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ghanshyam Tiwary, Advocate
For the State : Mrs. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-04-2026 Despite of entered appearance on behalf of
Respondent No. 2 through Vakalatnama, no one appears on
behalf of Respondent No. 2.
2. Heard Mr. Ghanshyam Tiwary, learned counsel
appearing for the appellant and Mrs. Usha Kumari 1, learned
Special Public Prosecutor for the State.
3. This is an appeal under Sections 14(A)(ii) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act (hereinafter referred to as the “SC/ST Act”)
against the refusal of prayer for regular bail vide order dated
28.08.2025 passed by the learned Exclusive Special Judge,
SC/St Ac;t, Civil Court Sadar, Patna in connection with
Patna High Court CR. APP (SJ) No.4040 of 2025(3) dt.01-04-2026
2/4
Didarganj P.S. Case No. 360 of 2024, F.I.R. dated 11.10.2024
registered under Sections 105, 281, 3(5) of the B.N.S., 2023
and later on Sections 103(2) of the B.N.S. and Section 3(1)(r)
(s), 3(2)(v) of the SC/ST Act.
4. Allegation against the appellant is that he along
with other co-accused person were involved in the murder of the
informant’s son-in-law.
5. Learned counsel for the appellant submits that the
appellant has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
appellant has not committed any offence as alleged in the F.I.R.
From perusal of the F.I.R. it appears that due to negligence of
the driver of the vehicle in question the present occurrence had
taken place and the appellant was sitting in the same vehicle so
he has been made accused in the present case and the appellant
is not the driver of the vehicle in question and the appellant may
be charged under Section 106 of the B.N.S. in place of Section
105 of the B.N.S. He further submits that the police after
investigation submitted chargesheet against the appellant and
the appellant is in custody since 21.07.2025.
6. Learned Special Public Prosecutor for the State , on
Patna High Court CR. APP (SJ) No.4040 of 2025(3) dt.01-04-2026
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the other hand, vehemently opposed the prayer for bail of the
appellant.
7. Considering the facts and circumstances of the case
and the fact that the appellant having clean antecedent and he
was not the driver of the vehicle in question and the appellant
was sitting in the said vehicle in question as well as period of
custody, let the appellant, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, SC/ST Act, Civil Court Sadar, Patna in
connection with Didarganj P.S. Case No. 360 of 2024, with the
following conditions :-
(1) Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the appellant tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the appellant and in case at any
Patna High Court CR. APP (SJ) No.4040 of 2025(3) dt.01-04-2026
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stage, it is found that the appellant has concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the appellant. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Ibrar//-
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