Patna High Court
Munna Singh @ Mukesh 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 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
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r)(s)
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
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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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