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Patna High Court

Pappu Srivastava @ Dilip Srivastava @ Dilip Kumar @ Dilip Kumar SrivastavaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

In the absence of direct evidence and given the appellant’s clean antecedent, bail may be granted despite the seriousness of the charges.

Summary

The appellant, Pappu Srivastava, was charged with murder, criminal conspiracy and offences under the SC/ST (Prevention of Atrocities) Act for the alleged killing of the informant’s grandson in October 2021. The informant’s complaint was based on the discovery of the body near a railway track and a claim that the accused had previously threatened the victim; no eye‑witness testified to the killing. The appellant argued that the FIR contained only suspicion, that he had a clean antecedent and had been in custody since September 2025, and therefore bail should be granted. The Special Court had rejected bail on 25‑09‑2025, prompting the appeal. The Patna High Court, after considering the lack of direct evidence, the appellant’s antecedents and the period of custody, set aside the lower court’s order and granted bail on a cash bond with two sureties, subject to strict conditions. The appeal was allowed and the appellant was released on bail.

Issues considered

  • Whether bail can be granted in a murder case and offences under the SC/ST Act where evidence is primarily circumstantial.
  • Whether the appellant’s clean antecedent and length of pre‑trial custody justify bail.
  • Whether the absence of an eye‑witness precludes the denial of bail.

Legislation cited

Subjects

  • murder
  • criminal conspiracy
  • bail
  • SC/ST Act
  • circumstantial evidence
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4233 of 2025
                    Arising Out of PS. Case No.-628 Year-2021 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Pappu Srivastava @ Dilip Srivastava @ Dilip Kumar @ Dilip Kumar
                 Srivastava S/o Late Thakur Prasad Resident of - Ward No. 38, Near Shiv
                 Mandir, Chhota Bariyarpur, Motihari, P.S - Chhatauni, District - East
                 Champaran at Motihari

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Ashok Ram S/o Late Shivpujan Ram Resident of - Chhota Bariyarpur, P.S -
                 Chhatauni, District - East Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Krishna Prasad singh, Advocate
                                                 Mr. Karandeep Kumar , Advocate
                                                 Mr. Mritunjay Kumar , Advocate
                 For the Respondent/s    :       Mr. Binay Krishna, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   22-01-2026                          Heard learned counsel for the appellant, learned

                   Spl. Public Prosecutor appearing on behalf of the State and

                   learned counsel for the Respondent No. 2.

                                 2. This appeal has been preferred on behalf of the

                   appellant for setting aside the order dated 25.09.2025 registered

                   for the offences punishable under Sections 302, 120 ( B ) and 34

                   of IPC and Section 3(i)(r)(s) and 3(2)(v) of the Scheduled

                   Castes and Scheduled Tribes (Prevention of Atrocities) Act,

                   whereby the prayer for bail of the appellant has been rejected.

                             3 . As per prosecution case , informant alleged that on
Patna High Court CR. APP (SJ) No.4233 of 2025(3) dt.22-01-2026
                                             2/3




          19.10.2021, grandson of the informant went outside the house to

          visit fair and thereafter, went missing. On 15.10.2021, informant

          got to know that one dead body was lying near the railway track

          in an abandoned position . Upon reaching , he saw the dead

          body of his grandson lying on the track . Informant suspects that

          all the accused persons named in the F.I.R. including these

          appellants killed the grandson of the informant as they had

          earlier threatened the deceased.

                      4. Learned counsel for the appellant submits that from

          bare persual of F.I.R., it is apparent that informant is not an eye

          witness to the alleged occurrence . Only suspicion has been

          raised against this appellant because earlier it is alleged that this

          appellant along with other co-accused persons, threatened the

          grandson of informant. During investigation , none of the

          witnesses claimed to have seen this appellant committing the

          alleged occurrence . Appellant claims clean antecedent.

          Appellant is in custody since 08.09.2025 .

                      5 . Learned Spl. Public Prosecutor for the State and

          learned counsel for the respondent no. 2 oppose the bail

          application .

                   6. Considering the aforesaid facts, period of custody and

          circumstances of the case , let the appellant, as named above be
            Patna High Court CR. APP (SJ) No.4233 of 2025(3) dt.22-01-2026
                                                         3/3




                      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        the learned        Special Court SC / ST, East

                      Champaran at Motihari in connection with Town ( Motihari )

                      P.S. Case No. 628 of 2021.

                                   7.    Accordingly,          the    impugned   order   dated

                      25.09.2025 is set aside and this criminal appeal is allowed on

                      the following conditions:

                                   “(1) Appellant shall cooperate 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

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.”



                                             (Prabhat Kumar Singh, J)
Koushik/-

U      T


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