Patna High Court
Vikki RautversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is granted bail.
Summary
The appellant, Vikki Raut, appealed against the Special Judge's order rejecting his bail application in a case involving the alleged murder of Suraj Kumar and alleged violation of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the appellant was part of a group that abducted and killed the victim, but the defence argued that the appellant was falsely implicated, there was no eyewitness, no material was recovered from him, and he had not used the victim's caste name in public, thus no offence under the SC/ST Act. The court examined the circumstantial nature of the evidence and the appellant's custody period since 30‑06‑2025. Finding the evidence insufficient to justify continued detention, the court set aside the lower court's order and granted bail on condition of a Rs.15,000 bond with two sureties. The appellant was ordered to be released on bail.
Issues considered
- Whether the appellant is entitled to bail under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
- Whether the prosecution has established a prima facie case of murder and an offence under the SC/ST Act based on circumstantial evidence.
- Whether the appellant's alleged use of the victim's caste name in public constitutes an offence under the SC/ST Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- SC/ST Act
- circumstantial evidence
- caste discrimination
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4453 of 2025
Arising Out of PS. Case No.-129 Year-2025 Thana- KATRA District- Muzaffarpur
======================================================
Vikki Raut S/O Shambhu Raut R/O village- Lakhanpur, P.S.- Katra, District-
Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Gopi Ram S/O late Ganpat Ram R/O village- Lakhanpur, P.S.- Katra,
District- Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms.Bela Singh, Advocate
For the Informant : Mr. Pradeep Kumar Sinha, Advocate
For the Respondent/s : Mrs.Usha Kumari 1, S.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant/Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 26.09.2025 passed by Special Judge,
SC/ST (POA) Act, Muzaffarpur, whereby the prayer for bail of
the appellant in connection with Katra (Jajuaar OP) P.S. Case
No. 129 of 2025, under Sections 103, 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 3(2)(v) of SC/ST Act, was
rejected.
3. Prosecution case, in short, is that on 19.05.2025 at
7.00 P.M. the younger grandson of the informant saw that Suraj
Patna High Court CR. APP (SJ) No.4453 of 2025(3) dt.22-01-2026
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Kumar Kumar was taken away by the accused persons named in
the F.I.R. including the appellant. When Suraj Kumar did not
return to his home then informant started intense search, but
failed to find any clue. On 20.05.2025,while informant went for
call of nature then found dead body of Suraj Kumar Ram in
Champa’s orchard.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellant further submits 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 prosecution case
is solely based on suspicion based on circumstantial evidence.
There is no eye witness to the alleged occurrence. Nothing has
been recovered from the possession of the Appellant. There is
no cogent material against the appellant. The appellant is in
custody since 30.06.2025 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.
Patna High Court CR. APP (SJ) No.4453 of 2025(3) dt.22-01-2026
3/3
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 26.09.2025
passed by Special Judge, SC/ST (POA) Act, Muzaffarpur, in
connection with Katra (Jajuaar OP) P.S. Case No. 129 of 2025,
is hereby set aside.
7. Let the appellant 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 in connection with
Katra (Jajuaar OP) P.S. Case No. 129 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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