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Patna High Court

Raju SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             3/4




          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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