Patna High Court
Vishal Kumar PatelversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court affirmed the trial court's refusal of bail and dismissed the appeal.
Summary
The appellants, Vishal Kumar Patel and Chandani Devi, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for the murder of Chunnu Lal Ram, allegedly in conspiracy over a land transaction. The trial court refused regular bail under Section 14(A)(2) of the Act, citing confession, blood evidence recovered from the accused’s house, and forensic findings of the victim’s blood in a car used in the crime. The appellants contended that the FIR was fabricated, they had clean antecedents, and the informant was not an eye‑witness. The State, represented by the Special Public Prosecutor, opposed bail, emphasizing the seriousness of the offence and the material evidence. The High Court, after reviewing the record, held that the nature of the allegations and the evidentiary material warranted denial of bail, affirmed the lower court’s order, and dismissed the appeal.
Issues considered
- The appellants' entitlement to regular bail under Section 14(A)(2) of the SC/ST (POA) Act in view of the seriousness of the charges.
- Whether the evidence on record (confession, blood traces, forensic findings) justifies refusal of bail.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 103(1), 14(A)(2), 238, 3(2), 3(2)(v), 3(5), 61
Subjects
- bail
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- murder
- conspiracy
- forensic evidence
- regular bail
- Section 14(A)(2)
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4674 of 2025
Arising Out of PS. Case No.-360 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Vishal Kumar Patel S/o- Sri Wakil Prasad @ Vakil Prasad R/v- Pakadiya Ps-
Jagdishpur Dist- West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Raghunath Ram S/o- Late Jagan Ram R/v- Parvatiya Tola W.No-40, Ps-
Bettia Mufassil Dist- West Champaran
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 634 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Chandani Devi wife of Late Chunilal Ram Resident of village -Parbatiya tola,
ward no 4, Ps -Bettiah Mufassil, District -West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Raghunath Ram Son of Late Jagan Ram Resident of village -Parbatiya tola,
ward no 4, Ps -Bettiah Mufassil, District -West Champaran
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 4674 of 2025)
For the Appellant/s : Mr. Ajay Kumar Thakur
: Mr. Gyan Prakash
: Mr. Shivam
: Ms. Kajal
For the Respondent/s : Mr.Sadanand Paswan
(In CRIMINAL APPEAL (SJ) No. 634 of 2026)
For the Appellant/s : Mr. Aditya Kumar Pandey
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 30-04-2026 Heard learned counsel for the appellants and
learned Spl.P.P. for the State.
2. These appeals are filed under Sections 14(A)(2)
Patna High Court CR. APP (SJ) No.4674 of 2025(4) dt.30-04-2026
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against refusal of the prayer for regular bail by order dated
18.10.2025 passed by the learned District and Additional
Sessions Judge, 1st-cum-Special Judge, SC/ST (POA) Act,
Bettiah, West Champaran in connection with Bettiah Muffasil
P.S. Case No. 360 of 2025 registered under Sections 103(1),
238, 61, 3(5) and Sections 3(2), 3(2)(v) of the Scheduled Castes
and Scheduled Tribes Act (Prevention of Atrocities) Act.
3. The case of the prosecution, in brief, is that that the
informant has two sons. His elder son Lalbabu Ram Dinesh
Ram was married with Chandani Devi and his son was died due
to fever in the year 2016 and again after two years his younger
son was married with Chandani Devi but his daughter-in-law
Chandani engaged in bad character. In the meantime his
daughter- in-law Chandani Devi get illicit relationship with one
Vishal Kumar Patel. In the month of November, 2024 his talked
to sell his land at about Rs. 43,31,250 out of which Rs.
37,00,000/- he received and he wants to purchase some land, in
this regard his daughter-in- law talked with Vishal Kumar Patel
then Vishal Kumar Patel tell about a land near Sataha Chinil
Mill. Afterthat his daughter-in-law Chandani Devi took and
gave Rs. 31,00,000/- to get registered the land, but after
sometime it came to know that Vishal Kumar Patel gave only
Patna High Court CR. APP (SJ) No.4674 of 2025(4) dt.30-04-2026
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Rs. 11,00,000/- to the land owner and on asking the rest amount
Vishal Kumar Patel denied to return the same. On 03.07.2025
Vishal Kumar Patel along with his one friend Sunil Kumar came
at his house and took his son Chunnu Lal Ram regarding to talk
about the same land but late night his son did not return. On
07.07.2025 at about 08:00 AM villagers told that dead body of
his son was found at Barvat Lacchu village, after that the
dead body was taken to GHMC Bettiah hospital by the police
for post-mortem report. Further stated that he has firm belief
that his daughter-in-law Chandani Devi by conspiracy with
Vishal Kumar Patel and Sunil Kumar committed murder of his
son.
4. Learned counsel for the appellants submits that
appellants have clean antecedent and are innocent and have
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the appellants have not committed any offence as
alleged in the FIR. Learned counsel for the appellants further
submits that even the informant is not the eye-witness to the
alleged occurrence. It is next submitted that as per the allegation
as alleged in the FIR, the appellants, namely, Chandani Devi and
Vishal Kumar Patel have made conspiracy in the present
Patna High Court CR. APP (SJ) No.4674 of 2025(4) dt.30-04-2026
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occurrence.
5. Learned counsel appearing on behalf of the
respondent no.2 and the learned Special Public Prosecutor for
the State on the basis of materials available on record and the
case diary have vehemently opposed the prayer for bail of the
appellants and submit that appellants have confessed their guilt
in the present occurrence. Apart from that blood sustained pant
of the deceased was recovered from the house of the appellant,
namely, Vishal Kumar Patel and the car which was used in the
present crime in question was also examined by the forensic
team and it was found that blood of the deceased was found in
the car in question. Vide order dated 12.03.2026, the report was
called with regard to the stage of the trial. Report dated
23.03.2026 of the learned trial court reveals that out of ten
charge-sheet witnesses, four witnesses have been examined and
the case is pending for the rest six witnesses and the learned
court below expected that within six months, the trial would be
concluded.
6. Considering the nature of allegation as alleged in
the FIR, I am not inclined to enlarge the appellants on bail in
connection with Bettiah Muffasil P.S. Case No. 360 of 2025
pending in the Court of learned District and Additional Sessions
Patna High Court CR. APP (SJ) No.4674 of 2025(4) dt.30-04-2026
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Judge, 1st-cum-Special Judge, SC/ST (POA) Act, Bettiah, West
Champaran.
7. Accordingly, the impugned order is affirmed and
this appeals stand dismissed.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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