Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal was dismissed and bail was denied to the appellant.
Summary
The appellant, Chandan Kumar, appealed against the order of the Exclusive Special Judge that denied his bail in a case involving the alleged murder of an informant's husband under Sections 140(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of the SC/ST Act. The prosecution alleged that the appellant, along with co‑accused, ran over the victim and later disposed of the body, supported by a confessional statement recorded from the appellant. The defence argued that the appellant was not named in the FIR, that the co‑accused’s confession had no evidentiary value, and that no caste‑based insult was made in public, thus no offence under the SC/ST Act. The State contended that the appellant’s own confessional statement and the recovery of the vehicle established his involvement, justifying denial of bail. The High Court, considering the specific allegations, the gravity of the offence and the evidential material, refused bail and dismissed the appeal, directing the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the appellant under the Bharatiya Nyaya Sanhita and the SC/ST Act in view of the alleged murder and alleged caste‑based offence.
- Whether the confessional statements of the co‑accused and the appellant are sufficient grounds to deny bail.
- Whether the alleged act constitutes an offence under Section 3(2)(v) of the SC/ST Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 140(1), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- SC/ST Act
- confessional statement
- murder
- caste
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4493 of 2025
Arising Out of PS. Case No.-203 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Chandan Kumar Son of Ram Prakash Singh R/o Village - Raghopur, P.S. -
Jurawanpur, Dist. - Vaishali at Hajipur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dilip Kumar Roy, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 05-02-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and perused the case
diary.
2. The instant appeal has been filed by the appellant
against the order dated 27.09.2025 passed by learned Exclusive
Special Judge Sc/ST Act, Vaishali at Hajipur whereby the prayer
for bail of the appellant in connection with Raghopur P.S. Case
No. 203 of 2025 under Sections 140(1), 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 while the husband
of the informant was resting under a tree near the Block Office,
he was run over by a white vehicle, and the driver along with
two others took him away with an intention to kill him.
Patna High Court CR. APP (SJ) No.4493 of 2025(4) dt.05-02-2026
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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 also submitted that the
appellant is not named in the FIR. Name of the appellant has
transpired in this case on the basis of confessional statement of
co-accused, namely, Kiran Devi and the same has got no
evidentiary value. 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 02.09.2025 and has got
no criminal antecedent. Other co-accused has been granted
regular bail by this Court vide order dated 16.10.2025 passed in
Cr. Appeal (S.J.) No. 3540 of 2025.
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant and
submitted that there is specific allegation against the appellant.
It is further submitted that during investigation, confessional
statement of the appellant was recorded in which he
categorically stated that he along with other co-accused persons
Patna High Court CR. APP (SJ) No.4493 of 2025(4) dt.05-02-2026
3/3
disposed of the body of the victim with the intention of hiding
or destroying the evidence. The police has also recovered the car
on the basis of confessional statement of the appellant. Hence,
the appellant does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances
of the case, specific allegation as also nature and gravity of the
offence, this Court is not inclined to grant bail to the appellant at
this juncture.
7. Accordingly, the appeal stands dismissed. The trial
Court is directed to expedite the trial expeditiously.
(Rudra Prakash Mishra, J)
Rajorshi/-
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