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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                             2/3




                       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/-

U       T


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