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Patna High Court

Anuj Pandey @ Chhotu PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             3/5




          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
                                             4/5




          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
                                                           5/5




                        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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