Patna High Court
Raju SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is granted bail.
Summary
The appellant Raju Sah was arrested in connection with the murder of Ashrafi Kumar alias Raju Kumar, a Dalit, based primarily on the confession of a co-accused. The FIR did not name the appellant and no material was recovered linking him to the crime, nor did any family member identify him. The trial court denied bail, holding that the case under Sections 302, 201/34 of the IPC and Section 3(2)(v)(va) of the SC/ST Act warranted custody. On appeal, the High Court observed that the confession did not expressly allege the appellant as the assailant and that the essential ingredients of the SC/ST Act were not prima facie established. Consequently, the lower court's order denying bail was set aside and the appellant was released on bail with appropriate sureties, with the court noting that its observations were limited to bail considerations and not a determination on the merits of the murder charge.
Issues considered
- Whether the appellant is entitled to bail pending trial for the alleged murder under IPC Sections 302, 201/34.
- Whether the alleged act falls within the ambit of Section 3(2)(v)(va) of the SC/ST (Prevention of Atrocities) Act.
- Whether the confession of a co‑accused suffices to establish a prima facie case against the appellant.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)(va)
Subjects
- bail
- murder
- SC/ST Act
- Dalit
- confession of co‑accused
- IPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.483 of 2026
Arising Out of PS. Case No.-359 Year-2023 Thana- DARAUNDA District- Siwan
======================================================
Raju Sah S/O Sri Omprakash Sah Resident of Village- Ujjain, P.S.- Daraunda,
District- Siwan.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Mohan Ram S/O Late Jhagru Ram R/O Village- Sawan Bigrah, P.S-
Daraunda, Distt.- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prabhakar Singh, Advocate
Ms. Ritika Kumari, Advocate
Mr. Anubhav Vats, Advocate
Mr. Sumit Kumar, Advocate
Mr. Pranav Bhaskar
For the Respondent/s : Mr. Usha Kumari 1
For the Res No. 2 : Mr. Hareram Singh
Mr. Braj Nandan Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-04-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State as well as learned
counsel appearing on behalf of the Respondent No. 2.
2. The present appeal has been preferred against the
order dated 21.01.2026 passed by the learned District and
Additional Sessions Judge-I-cum-Special Judge, SC/ST Act,
Siwan in connection with Daraunda P.S. Case No. 359 of 2023
registered for the offence punishable under Sections 302, 201/34
of the Indian Penal Code and Section 3(2)(v)(va) of the SC/ST
Act, whereby the prayer for bail of the appellant has been
Patna High Court CR. APP (SJ) No.483 of 2026(3) dt.23-04-2026
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rejected.
3. According to the FIR, the informant’s son, Ashrafi
Kumar alias Raju Kumar, went to work on November 25, 2023,
but did not return home. The next morning, his body was found
in a ditch with multiple deep injuries. The informant alleges that
unknown persons murdered him, allegedly due to his Dalit
identity.
4. Learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated in this
case. It is further submitted that the appellant is not named in
the FIR, and no incriminating material has been recovered from
him. It is also submitted that none of the family members of the
deceased has named the appellant in connection with the
offence, and he has been falsely implicated on the basis of the
confession of co-accused Satyendra Sah.
5. It is further submitted that there is no allegation of
intentional insult or intimidation with intent to humiliate the
informant in any public place or within public view so as to
attract the provisions of the SC/ST Act. It is also submitted that
the appellant has been in custody since 12.12.2025 and has no
criminal antecedents.
6. Learned Special Public Prosecutor for the State and
Patna High Court CR. APP (SJ) No.483 of 2026(3) dt.23-04-2026
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learned counsel for the informant have opposed the prayer for
bail.
7. I have considered the rival submissions and
carefully perused the records of the case. It appears that initially
no one was named in the FIR for the alleged murder of the
deceased. Subsequently, after about two years, the appellant has
been arrested on the basis of the confessional statement of a co-
accused. Even as per the said confession, the appellant is not
stated to be the assailant of the deceased. Further, the essential
ingredients required for attracting the provisions of the SC/ST
Act do not prima facie appear to be made out against the
appellant.
8. Accordingly, the impugned order dated 21.01.2026
passed by the learned District and Additional Sessions Judge-I-
cum-Special Judge, SC/ST Act, Siwan in connection with
Daraunda P.S. Case No. 359 of 2023 is set aside and the appeal
is allowed.
9. Let the appellant, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Daraunda P.S. Case No. 359 of 2023 .
Patna High Court CR. APP (SJ) No.483 of 2026(3) dt.23-04-2026
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10. 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
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