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Patna High Court

Pawan Singh @ Pawan Kumar Singh @ Pawan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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