Patna High Court
Champa DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and the order rejecting bail is set aside, granting the appellant bail subject to conditions.
Summary
Champa Devi was arrested in connection with the murder of an informant's husband and the alleged burning of the informant Samundri Devi, charged under multiple provisions of the Bharatiya Nyaya Sanhita, the Bihar Daan Act and the SC/ST (Prevention of Atrocities) Act. The exclusive special judge denied her bail, prompting an appeal to the Patna High Court. The appellant's counsel contended that she was falsely implicated through village politics, that the sole basis for the accusation was a co‑accused's confessional statement, and that no specific allegation of using a caste name or assault existed. The Special Public Prosecutor opposed bail, emphasizing the seriousness of the charges. Considering the lack of specific evidence against the appellant, her clean antecedent and the length of her pre‑trial custody, the High Court allowed the appeal, set aside the lower court's order and granted bail with conditions. The bail order required a bond of Rs.15,000 with two sureties and imposed standard conditions regarding appearance, non‑tampering with evidence and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the appellant despite charges under the Bharatiya Nyaya Sanhita, Bihar Daan Act and SC/ST Act.
- Whether the allegations under the SC/ST Act, specifically the use of a caste name and intent to disgrace, are substantiated.
- Whether the reliance on a co‑accused's confessional statement suffices to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 103(2), 109, 115(2), 190, 191(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- SC/ST Act
- murder
- confessional statement
- caste discrimination
- criminal procedure
- high court
- exclusive special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4609 of 2025
Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada
======================================================
Champa Devi W/o Sri Shivbalak Manjhi R/o Vill.- Panchu Garh Mushahari,
P.S.- Hisua, Dist.- Nawadah
... ... Appellant/s
Versus
1. The State of Bihar
2. Smt Samundari Devi Wife of Late Gaya Manjhi R/O Vill Panchu Garh ,
Mushahari , P.S Hisua, Dist Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Maruth Nath Roy, Advocate
For the Respondent/s : Ms.Usha Kumari 1, S.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 12-02-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State. Perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 23.09.2025 passed by Exclusive Special
Judge, Special Court, SC/ST Act, Nawada, whereby the prayer
for bail of the appellant in connection with B.P.No. 1410 of
2025, arising out of Hisua P.S. Case No. 507 of 2025, under
Sections 191(2), 190, 103(1), 103(2), 115(2), 109 of the
Bharatiya Nyaya Sanhita, 2023, u/s 3 and 4 of the Bihar Dian
Act, 1999 and u/s 3(1)(r)(s), 3(2)(v) of SC/ST Act, was rejected.
3. Prosecution case, in short, is that appellant along
with other co-accused persons have murdered the husband of
Patna High Court CR. APP (SJ) No.4609 of 2025(4) dt.12-02-2026
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informant and they also decided to burn informant Samudri
Devi with deceased Gaya Manjhi.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case due to dirty village politics. Charge-sheet has been
submitted in this case. No specific allegation is against the
appellant. The name of the appellant has transpired on the basis
of confessional statement of co-accused Mohan Manjhi.
Learned counsel for the appellant further submits 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 her. The appellant has no intention to disgrace
the image of the informant in public view. There is no specific
allegation of assault against the appellant. The appellant is a
lady and she is in custody since 28.08.2025 and has no criminal
antecedent.
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 23.09.2025
passed by Exclusive Special Judge, Special Court, SC/ST Act,
Patna High Court CR. APP (SJ) No.4609 of 2025(4) dt.12-02-2026
3/3
Nawada, in connection with B.P.No. 1410 of 2025, arising out
of Hisua P.S. Case No. 507 of 2025, is hereby set aside.
7. Let the appellant be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Hisua P.S. Case No. 507 of 2025,
subject to the following conditions:
(I) One of the bailors shall be the appellant’s own or
close member.
(II) The appellant shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The appellant shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
appellant.
(Rudra Prakash Mishra, J)
manish/-
U T
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