Tinku Kumar @ RajversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.4590 of 2025
                        Arising Out of PS. Case No.-190 Year-2025 Thana- BANKA District- Banka
                 ======================================================
                 Tinku Kumar @ Raj S/O Pradeep Yadav @ Pradeep Kumar Yadav R/O
                 Village - Idgah Road, Murgidih, Babu Tola, P.S- Banka, District - Banka

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Sabita Devi W/O Late Nand Lal Sah R/O Vill.- Vijay NAGAR, P.S and
                 Dist.- Banka

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :       Mr. Brij Nandan Prasad, Advocate
                 For the Respondent/s     :       Mr. Jharkhandi Upadhyay, APP
                                                  Mr. Binay Krishna, APP
                 For the Res No. 2        :       Mr. Sanjay Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   12-05-2026                 Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel

                   appearing on behalf of the informant.

                               2. The present appeal has been preferred against the

                   order dated 08.10.2025 passed by the learned District and

                   Additional Sessions Judge-1-cum-Special Judge, SC/ST Act,

                   Banka in connection with Special SC/ST Case No. 83 of 2025

                   arising out of Banka P.S. Case No. 190 of 2025. The case was

                   initially registered for offences punishable under Sections

                   137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023;

                   however, the charge-sheet has been submitted under Sections

                   103(1), 61(2), and 238 of the Bharatiya Nyaya Sanhita, 2023 as

                   well as Sections 3(1)(r)(s) and 3(2)(a) of the SC/ST Act. The
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          learned court below by the impugned order has rejected the

          prayer for bail of the appellant.

                       3. The prosecution case, in brief, is that the petitioner

          along with others is alleged to have committed the murder of the

          deceased. One Rahul Kumar @ Chhotu has made a self-

          inculpatory statement disclosing the involvement of the

          appellant in the commission of the offence. It is further stated

          that at the instance of the said Rahul Kumar @ Chhotu, the dead

          body of the deceased was recovered. The deceased is alleged to

          have been brutally murdered by cutting his neck. The appellant

          is in custody since 30.04.2025 and has three criminal

          antecedents.

                       4. Learned counsel for the appellant submits that the

          appellant has been falsely implicated and there is no direct

          evidence connecting him with the alleged occurrence. On the

          other hand, the learned Special Public Prosecutor for the State,

          as well as the learned counsel for the informant, have opposed

          the prayer for bail, submitting that there is sufficient material

          indicating the appellant’s involvement in a heinous offence of

          murder, supported by the statement of a co-accused and the

          recovery of the dead body. The learned counsel for the

          informant further submits that the prosecution will cooperate in
            Patna High Court CR. APP (SJ) No.4590 of 2025(3) dt.12-05-2026
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                      the trial and will produce the witnesses on the dates fixed.

                                   5. Having considered the rival submissions of the

                      parties, the nature and gravity of the offence, the material

                      available on record, the alleged role attributed to the appellant,

                      the self-inculpatory statement of co-accused Rahul Kumar @

                      Chhotu, the recovery of the dead body at his instance, the

                      manner in which the offence is alleged to have been committed

                      as well as the criminal antecedents of the appellant, this Court is

                      of the view that no case for grant of bail is made out.

                                   6. Accordingly, finding no merit in this appeal, the

                      same is dismissed. Consequently, the prayer for bail of the

                      appellant stands rejected.

                                   7. If the trial is not concluded within one year and is

                      delayed by the prosecution, the petitioner may renew his prayer

                      for bail.

                                   8. It is made clear that the observations made herein

                      are prima facie in nature and confined only to the adjudication

                      of the present appeal for bail and shall not be construed as an

                      expression on the merits of the case.



                                                          (Sandeep Kumar, J)
Shishir/-

U       T