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Patna High Court

Munna Singh @ Mukesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order denying bail is set aside and the appellant is released on bail.

Summary

Munna Singh was charged with the brutal assault and murder of the informant's father under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(i)(r)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. The Special Judge denied his bail application, prompting an appeal to the Patna High Court. The appellant argued that he was falsely implicated, that no specific overt act or eyewitness testimony linked him to the crime, and that he had not used the informant's caste name publicly, thus no offence under the SC/ST Act. The High Court observed the lack of direct material against the appellant, his clean antecedent, and the period already spent in custody, and consequently set aside the lower court's order. The court granted bail on a bond of Rs. 15,000 with two sureties and imposed standard conditions for appearance and non‑tampering with evidence.

Issues considered

  • Whether the appellant is entitled to bail despite charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
  • Whether the prosecution has produced sufficient direct evidence to justify denial of bail.
  • Whether the appellant's alleged conduct falls within the ambit of the SC/ST (Prevention of Atrocities) Act.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • Bharatiya Nyaya Sanhita
  • murder
  • conspiracy
  • caste-based offence
  • evidentiary insufficiency

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4255 of 2025
                        Arising Out of PS. Case No.-463 Year-2024 Thana- PARAIYA District- Gaya
                 ======================================================
                 Munna Singh @ Mukesh Kumar S/O Manoj Kumar Sharma @ Manoj Singh
                 R/O Village- Salempur, P.S.- Paraiya, Dist.- Gaya
                                                                   ... ... Appellant/s
                                                    Versus
           1.     The State of Bihar
           2.     Om Kumar S/O late Satyendra Paswan R/O Village- Dakhner, P.S.- Paraiya,
                  Dist.- Gaya
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Aryan Singh, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, SPP
                 For the Informant       :        Mr. Dhirendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   12-03-2026                 Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the informant. Perused the case diary.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 02.09.2025 passed by learned Exclusive

                   Special Judge, SC/ST Act, Gaya whereby the prayer for bail of

                   the appellant in connection with Paraiya P.S. Case No. 463 of

                   2024 under Sections 103, 3(5) of the Bharatiya Nyaya Sanhita,

                   2023 and Sections 3(i)(r)(s), 3(2)(va) of SC/ST Act was

                   rejected.

                               3. The prosecution caosecutor for the State and learned

                   counsel for the informant. Peruse, in short, is that the accused

                   persons including the appellant brutally assaulted and killed the
Patna High Court CR. APP (SJ) No.4255 of 2025(4) dt.12-03-2026
                                             2/3




          informant’s father by hatching a conspiracy.

                      4. Learned counsel for the appellant submits that the

          appellant has falsely been implicated in the present case.

          Learned counsel further submitted that there is general and

          omnibus allegation against the appellant and no any specific or

          direct overt act is attributed to the appellant. He further

          contended that there is no eye witness to the occurrence.

          Learned counsel further submitted that during investigation,

          none of the witnesses have supported the case of the

          prosecution. Learned counsel for the appellant further submitted

          that the appellant has 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 him. The appellant has no intention to

          disgrace the image of the informant in public view. The

          appellant is in custody since 15.08.2025 and has 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

          appellant.

                       6. Considering the aforesaid facts and circumstances

          of the case, there being no direct material against the appellant

          and the period of custody undergone by the appellant, this Court
           Patna High Court CR. APP (SJ) No.4255 of 2025(4) dt.12-03-2026
                                                        3/3




                     is inclined to allow this appeal. Accordingly, the appeal is

                     allowed and order dated 02.09.2025 passed by learned

                     Exclusive Special Judge, SC/ST Act, Gaya in connection with

                     Paraiya P.S. Case No. 463 of 2024 is hereby set aside.

                                  7. Let the appellant, abovenamed, be released on bail

                     on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of Court below/concerned Court in connection with

                     Paraiya P.S. Case No. 463 of 2024, subject to the following

                     conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the appellant.

                                  (II) The appellant shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the appellant.

                                  (III) 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.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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