Patna High Court
Anuj Pandey @ Chhotu PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The High Court allowed the appeals, set aside the trial court’s denial of bail, and ordered that bail be granted to the appellants on condition of a bond and sureties.
Summary
Manish Singh and Anuj Pandey were charged under Sections 302, 120B/34 of the IPC, Section 27 of the Arms Act and Sections 3(2)(v) and 3(1)(r) of the SC/ST (Prevention of Atrocities) Act for the alleged murder of the husband of Kaushaliya Devi. The prosecution relied primarily on a confessional statement of a third person, Nikhil Kumar, alleging a contract to kill the victim for political gain, while the defence argued there were no eyewitnesses, no caste‑based abuse and that the accusations were politically motivated. Both appellants had been in judicial custody since mid‑June 2024 after their bail pleas were rejected by the Exclusive Special Judge. The High Court examined whether the material on record justified continued detention and found the allegations to be general and omnibus, lacking substantive evidence beyond the confessional statement. Consequently, the Court set aside the trial court’s orders denying bail, allowed the appeals, and directed that bail be granted on a bond of Rs.10,000 with two sureties. The decision underscores that a confessional statement alone, without corroborative evidence, is insufficient to deny bail. The bail orders are subject to satisfaction of the Special Court handling the SC/ST Act proceedings.
Issues considered
- Whether the appellants are entitled to bail despite the serious nature of the charges under the IPC, Arms Act and SC/ST Act.
- Whether the confessional statement of a third person constitutes sufficient material to justify denial of bail.
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act are sustainable in the absence of caste‑based abuse.
- Whether the trial court’s denial of bail was justified given the lack of eyewitness testimony and other corroborative evidence.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(2)(v)
Subjects
- bail
- murder
- conspiracy
- Arms Act
- SC/ST Act
- confessional statement
- political vendetta
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2536 of 2025
Arising Out of PS. Case No.-252 Year-2024 Thana- PAKARIBARAW District- Nawada
======================================================
Manish Singh @ Manish Kumar S/o- Late Ramnandan Sharma Village-
Diaura P.S- Pakaribaraw Dist- Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Kaushaliya Devi W/o- Late Pappu Manjhi Village- Budhauli Ps-
Pakaribaraw Dist- Nawada
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 4536 of 2025
Arising Out of PS. Case No.-252 Year-2024 Thana- PAKARIBARAW District- Nawada
======================================================
Anuj Pandey @ Chhotu Pandey Son of Gauri Kant Pandey Resident Of
Village- Bhalua, P.s. - Pakribarawan, District-Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Kaushalya Devi wife of Late Pappu Manjhi Resident Of Village- Budhauli,
P.s. - Pakribarawan, District-Nawada
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 2536 of 2025)
For the Appellant/s : Mr. Anuj Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
(In CRIMINAL APPEAL (SJ) No. 4536 of 2025)
For the Appellant/s : Mr. Deepak Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
8 02-04-2026 Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State and learned counsel for
the respondent.
Patna High Court CR. APP (SJ) No.2536 of 2025(8) dt.02-04-2026
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2. The instant appeals have been filed by the
appellants against the order dated 23.08.2024 & 15.10.2025
passed by the learned Exclusive Special Judge, Special Court
SC/ST (POA) Act, Nawada whereby the prayer for bail of the
appellants in connection with B.P. No. 1212 of 2024 arising out
of Pakaribaraw P.S. Case No. 252 of 2024 and B.P. No. 1516 of
2025 under Sections 302, 120B/34 of the Indian Penal Code,
Section 27 of the Arms Act and Sections 3(2)(v), 3(1)(r) of
SC/ST Act were rejected.
3. Learned counsel for the appellants has submitted
that earlier the criminal appeal of these appellants was rejected
by the learned coordinate bench of this court vide order dated
17.01.2025 & 21.02.2025 and the learned trial court was directed
to conclude the trial of the appellants at the earliest. It has further
been submitted that the appellant no. 1 namely, Manish Singh
and appellant no. 2 namely, Anuj Pandey are languishing in
judicial custody since 16.06.2024 and 15.06.2024 respectively.
4. The case of the respondent, in short, is that on
13.06.2024, at about 09:00 PM, the appellant, namely, Manish
Singh, called the husband of the respondent on mobile and called
him out of the house and on his call, the husband of the
respondent went and did not return till night. On the same day at
Patna High Court CR. APP (SJ) No.2536 of 2025(8) dt.02-04-2026
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12:00 noon, appellant no. 2, namely, Anuj Pandey, was
threatening the husband of the respondent. On 14.06.2024 at
06:00 AM, Vinod Manjhi told the respondent that the dead body
of the deceased is lying near Inter College, Budhauli. The
respondent claims that her husband has been killed by the
appellants.
5. It is submitted by learned counsel for the appellants
that appellants have been falsely implicated in this case due to
village politics. He also submits that there is no eyewitness to the
case. This case is based merely on the basis of suspicion. He
further submits that no member of the public was present at the
relevant point of time to the incident and there is also no
allegation of abusing the respondent or her husband with a caste
name. As such, the allegation under the provisions of the SC/ST
Act is not attracted against the appellants. Moreover, appellant
no. 1, Manish Singh, and appellant no. 2, Anuj Pandey are
languishing in judicial custody since 16.06.2024 and 15.06.2024,
respectively.
6. The appeals for bail are opposed by learned Spl. P.P.
for the State and he has stated that appellant no. 1, namely,
Manish Singh, has got no criminal antecedent, whereas appellant
no. 2, namely, Anuj Pandey, has a criminal antecedent of two
Patna High Court CR. APP (SJ) No.2536 of 2025(8) dt.02-04-2026
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cases. He also submits that as per the confessional statement of
one Nikhil Kumar, both the appellants had given a contract to
kill the respondent’s husband with intent to become Mukhiya
after the death of the respondent's husband and it is further
confessed that he had killed the deceased, which is also evident
from para-54 of the case diary.
7. Countering this, the learned counsel for the
appellants has submitted that save and except the confessional
statement, there is nothing against the appellants. There was no
enmity between the appellants and the deceased. The only
material available in this case is the confessional statement,
which is not legal material and the same cannot be proved in
trial.
8. Having heard learned counsel for the parties and
taking into consideration that there is general and omnibus
allegation against the appellants, the Court is inclined to allow
this appeals. Accordingly, the appeals are allowed and the
impugned order dated 23.08.2024 & 15.10.2025 are hereby set
aside.
9. The appellants are directed to be enlarged on bail in
connection with Pakaribaraw P.S. Case No. 252 of 2024 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each
Patna High Court CR. APP (SJ) No.2536 of 2025(8) dt.02-04-2026
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with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge, Special Court, SC/ST
(PoA) Act, Nawada.
(Ashok Kumar Pandey, J)
Sudhanshu/-
AFR/NAFR NAFR
CAV Date 19.03.2026
Uploading Date 02.04.2026
Transmission Date 02.04.2026
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