Patna High Court
Bittu PrajapattiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail could not be granted to the appellant at this stage of the proceedings.
Summary
The appellant, Bittu Prajapatti, was charged in a case arising from a land dispute that escalated into a violent assault allegedly motivated by caste animus, resulting in the deaths of Nawal Kishore Gond and Raj Kishore Rai. The trial court rejected his bail application under multiple sections of the Bihar Negotiable Instruments Act and sections 3(i), 3(r), and 3(s) of the SC/ST (Prevention of Atrocities) Act. The appellant contended that he was falsely implicated, that the injuries were caused by blunt objects contrary to the weapon described in the FIR, and that he had no prior criminal record. The respondent argued that the post‑mortem reports showed both blunt and cut injuries, indicating a brutal assault consistent with the charges. After hearing both sides, the Patna High Court held that the seriousness of the offences and the evidence of caste‑based violence warranted denial of bail at this stage, though it allowed a fresh application after six months and directed the trial court to expedite the trial.
Issues considered
- Whether the appellant is entitled to bail despite the gravity of the offences and the alleged caste‑based nature of the assault.
- Whether the evidence, including post‑mortem findings, sufficiently links the appellant to the homicidal acts alleged under the SC/ST Act and the Bihar Negotiable Instruments Act.
Legislation cited
- B.N.S. — s. 103, 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 351
- SC/ST (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
Subjects
- bail
- caste violence
- SC/ST Act
- land dispute
- assault
- homicide
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4840 of 2025
Arising Out of PS. Case No.-274 Year-2024 Thana- BHORE District- Gopalganj
======================================================
Bittu Prajapatti, Son of Sant Prajapati @ Ram Pravesh Prajapati, Resident of
Village - Pakhopali, Police Station - Bhorey, District - Gopalganj.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sirjawati Devi, Wife of Late Nawal Kishor Gond, Resident of Village -
Pakhopali, Police Station - Bhorey, District - Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raghav Prasad, Advocate
For the State : Mr. Sadanand Paswan, Spl. P.P.
For the respondent No.2 : Mr. Shekhar Singh, Sr. Advocate
Mr. Avinash Kumar Singh, Advocate
Ms. Shambhavi Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 17-03-2026 Heard learned counsel for the appellant, learned counsel
for the respondent and learned Spl. P.P. for the State.
2. The instant appeal has been filed by the appellant
against the order dated 13.11.2025 passed by learned District and
Additional Sessions Judge-XI-cum- Exclusive Special Judge SC/ST
Act, Gopalganj in Bhorey P.S. Case No. 274 of 2024 whereby the
prayer for bail of the appellant registered under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 117(2), 109, 103 and 351 of
B.N.S. and Sections 3(i)(r)(s) of SC/ST Act was rejected.
3. The case of the respondent, in short, is that the
appellant along with others being armed with tangi, garasi, farsa,
iron rod and lathi arrived due to land dispute, started abusing the
Patna High Court CR. APP (SJ) No.4840 of 2025(3) dt.17-03-2026
2/3
respondent with caste name and assaulting. It is further alleged that
due to their assault Nawal Kishore Gond and Raju Gond succumbed
to the injuries. Nakul Gond has also received injuries on his left
hand. Other have also received injuries.
4. Learned counsel appearing on behalf of the appellant
has submitted that appellant has been falsely implicated in this case.
From perusal of the F.I.R. it is clear that the cause of the occurrence
is land dispute. It has further been submitted that there is also a
counter version of this case and the appellant party has also received
injuries in the occurrence. It has further been submitted that from
perusal of the postmortem report it will transpire that in the
postmortem report of both the deceased persons, the board
conducting the autopsy has opined that cause of death is
haemorrhage and shock due to above mentioned injury caused by
impact of hard and blunt substance. It has also been submitted that
nature of allegation is general and omnibus and the nature of injury
does not correlate with the allegation. It has further been submitted
that as per the F.I.R., the appellant was having Garasi which is a
sharp cutting weapon whereas the opinion of the board is that the
injuries were caused by hard and blunt substance. The appellant has
got no criminal antecedent and languishing in judicial custody since
02.11.2024.
5. Countering this, the learned counsel for the respondent
and learned Spl. P.P. have vehemently opposed the appeal for bail
Patna High Court CR. APP (SJ) No.4840 of 2025(3) dt.17-03-2026
3/3
and have submitted that from perusal of the postmortem report of
Nawal Kishore Gond it will transpire that he has received five
stitched antemortem wound and deceased Raj Kishsore Rai has also
received three stitched wound, so it cannot be said that all the injuries
were caused by hard and blunt substance. The stitched would goes to
show that the deceased have also received cut injuries. In this case,
two persons have died and the postmortem report shows that they
were brutally assaulted. Though, the accused persons are nine in
number but the antemortem injuries are also various.
6. Having heard learned counsel for the parties and
considering the above facts and circumstances of the case, this Court
is not inclined to grant bail to the appellant at this stage and, as such,
his prayer for bail stands rejected.
7. However, the appellant may renew his prayer for bail
after six months if the trial is not concluded.
8. Learned trial Court is directed to expedite the trial.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…