Patna High Court
Pawan Singh @ Pawan Kumar Singh @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and the appellants are released on bail.
Summary
The appellants, Pawan Singh and Raju Singh, were charged with murder and offences under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act for the death of Rakesh Kumar, who allegedly died after being assaulted. The trial court denied bail, prompting an appeal to the Patna High Court. The appellants argued lack of credible evidence, no dying declaration, no eyewitness identification, and that the SC/ST provisions were inapplicable as they did not publicly insult the informant's caste. The State and the informant opposed bail, citing the seriousness of the offences. The High Court, considering the weak evidential basis and the appellants' custody period, set aside the lower court's order and granted bail, directing the appellants to furnish bail bonds with sureties.
Issues considered
- Whether bail should be granted to the accused in a murder case under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act.
- Whether the alleged acts constitute an offence under Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST Act.
- Whether the prosecution evidence (absence of dying declaration, eyewitness, and identification) is sufficient to justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 127(2), 190, 191(2), 191(3)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- bail
- murder
- SC/ST Act
- evidence
- dying declaration
- Bharatiya Nyaya Sanhita
- caste discrimination
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4236 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- SIKARHATTA District- Bhojpur
======================================================
1. Pawan Singh @ Pawan Kumar Singh @ Pawan Kumar S/o- Lal Mohar
Singh R/v- Patkhauli Ps- Sikarhata Dist- Bhojpur
2. Raju Singh @ Raju Kumar @ Raju Kumar Singh S/o- Lalan Singh R/v-
Patkhauli Ps- Sikarhata Dist- Bhojpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Ravinand Prasad S/o- Mahendra Ram R/v- Patkhauli Ps- Sikarhata Dist-
Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Vaishnavi Singh, Advocate
For the State : Mr. Sadanand Paswan, SPP
For the Informant : Mr. Parmatma Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellants, learned Special
Public Prosecutor for the State and learned counsel for the
informant.
2. The instant appeal has been filed by the appellants
against the order dated 06.08.2025 passed by learned Additional
Sessions Judge-cum-Special Judge (SC/ST) PoA Act, Bhojpur at
Ara whereby the prayer for bail of the appellants in connection
with 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)(s) &
Patna High Court CR. APP (SJ) No.4236 of 2025(3) dt.22-01-2026
2/3
3(2)(v) of SC/ST Act was rejected.
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 appellants submits that the
appellants are innocent and have 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 appellants 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 appellants further submits that the appellants have 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
them. The appellants have no intention to disgrace the image of
Patna High Court CR. APP (SJ) No.4236 of 2025(3) dt.22-01-2026
3/3
the informant in public view. The appellants are in custody since
23.05.2025 and have 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
appellants.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellants, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 06.08.2025
passed by learned Additional Sessions Judge-cum-Special
Judge (SC/ST) PoA Act, Bhojpur at Ara is hereby set aside.
7. Let the appellants be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sikarhatta PS Case
No. 88 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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