Patna High Court
Santosh ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and the order denying bail is set aside, directing that the appellant be released on bail.
Summary
Santosh Choudhary appealed against the denial of bail in a murder case (Bihra PS Case No. 69 of 2025) where the deceased was the son of the respondent. The FIR did not name the appellant; his alleged involvement arose only from a confessional statement of another accused, Saurav. The appellant argued that he was falsely implicated and had no prior criminal record, having been in custody since 12‑06‑2025. The Special Public Prosecutor opposed bail, citing charges under several sections of the B.N.S., the Arms Act and the SC/ST (Prevention of Atrocities) Act. The Patna High Court, after hearing both sides, found no specific overt act against the appellant and allowed the appeal, setting aside the earlier order and directing that bail be granted on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted when the only incriminating material against the accused is a confessional statement of another accused.
- Whether the charges under Sections 191(2), 191(3), 190, 103(1), 61(2) of the B.N.S., Section 27 of the Arms Act and Sections 3(2)(v) of the SC/ST (POA) Act justify denial of bail.
- Whether the appellant’s alleged false implication warrants continued judicial custody.
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 103(1), 190, 191(2), 191(3), 61(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- false implication
- confessional statement
- criminal procedure
- SC/ST Act
- Arms Act
- murder
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4799 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- BIHRA District- Saharsa
======================================================
Santosh Choudhary S/O Late Kappo Chaudhary @ Kapleshwar Pasi Resident
of Village- Patori, ward No. 9, P.S- Bihra, District- Saharsa.
... ... Appellant/s
Versus
1. The State of Bihar
2. Chulhai Paswan S/O Late Rameshwar Paswan R/O Village- Bela Bagrauli,
Ward No. 11, P.S- Bihra, Distt.- Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs. Rashmi Jha, Advocate
For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 04.11.2025 passed by learned Additional
District and Sessions Judge-1st-cum-Special Judge SC/ST Act,
Saharsa whereby the prayer for bail of the appellant in
connection with Bihra P.S. Case no. 69 of 2025 under Sections
191(2), 191(3), 190, 103(1), 61(2) of B.N.S., Section 27 of the
Arms Act and Sections 3(2) (v) of SC/ST (POA) Act was
rejected.
3. The case of the respondent is that while the son of
the respondent was going to Saharsa on his bike, in the way,
Patna High Court CR. APP (SJ) No.4799 of 2025(3) dt.20-04-2026
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Md. Abdul Rahman fired on the chest of the respondent’s son
due to which he fell on the ground. It is further alleged that after
that, other named accused also fired at him due to which, he
died.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. From
perusal of the FIR, it is clear that the name of the appellant does
not find place in the FIR. His name has surfaced during course
of investigation in the confessional statement of one Saurav.
Learned counsel has submitted that save and except the
confessional statement, there is nothing against the appellant.
The main thrust of allegation is against Abdul Rahman who has
fired on the chest of the deceased. Similarly situated co-accused
has been granted bail by this court vide Cr. App(SJ) No. 4873 of
2025. The case of this appellant stands on similar footing.
Moreover, the appellant is languishing in judicial custody since
12.06.2025 having no criminal antecedent.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State
6. Having heard learned counsel for the parties and
taking into consideration that there is no any specific overt act
against the appellant, the Court is inclined to allow this appeal.
Patna High Court CR. APP (SJ) No.4799 of 2025(3) dt.20-04-2026
3/3
Accordingly, the appeal is allowed and the impugned order
dated 04.11.2025 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Bihra P.S. Case No. 69 of 2025 on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) with two
sureties of the like amount each to the satisfaction of the learned
Additional District and Sessions Judge-1st-cum-Special Judge,
SC/ST Act, Saharsa.
(Ashok Kumar Pandey, J)
Shubham/-
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