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Patna High Court

Saurabh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that the appellant’s bail should be granted as he was not named in the FIR and no overt act was alleged against him, thereby setting aside the lower court’s refusal.

Summary

The appellant, Saurabh Kumar, was charged in a case arising from the murder of an informant's son, alleged to have been shot by co‑accused Md. Abdul Rahman. The appellant contended that his name did not appear in the FIR and that he was only implicated during investigation, with no overt act alleged against him. The trial court had refused bail, but the appellant argued that a co‑accused, Sachidanad Paswan, had been granted bail in a similar case, and that he had no criminal antecedents. The High Court examined the bail application under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and considered the lack of direct involvement. Finding that the appellant was not named in the FIR and that no substantive evidence linked him to the offence, the Court set aside the trial court’s order and granted bail on condition of a bond and sureties. Consequently, the appeal was allowed.

Issues considered

  • Whether the appellant is entitled to bail under the SC/ST (Prevention of Atrocities) Act, 1989 despite not being named in the FIR.
  • Whether the trial court's refusal of bail was justified in view of the appellant's alleged lack of overt act and clean criminal record.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • scheduled castes
  • scheduled tribes
  • criminal procedure
  • Arms Act
  • Bihar
  • appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4873 of 2025
                         Arising Out of PS. Case No.-69 Year-2025 Thana- BIHRA District- Saharsa
                 ======================================================
                 Saurabh Kumar S/o Surendra Mahto R/o Village - Patouri Ward no.12, 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,
                 P.S - Bihra, District - Saharsa

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Chandra Mohan Jha, Advocate
                 For the State            :        Mr. Sadanand Paswan, Spl.P.P.
                 For the Respondent       :        Mr. Ashok Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   06-04-2026                  Heard learned counsel for the appellant, learned Spl.

                   P.P. for the State and learned counsel for the respondent.

                                2. This is an appeal under Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, 1989

                   (hereinafter referred to as the “SC/ST Act”) against the refusal

                   of prayer for bail vide order dated 03.07.2025 passed by the

                   learned Additional Sessions Judge 1-cum-Special Judge, SC/ST

                   Act, Saharsa in Special Case No. 36 of 2025 arising out of Bihra

                   P.S. Case No. 69 of 2025 registered for the offences punishable

                   under Sections 191(2), 190, 191(3), 103(1) & 61(2) of the

                   Bharatiya Nyaya Sanhita, under Section 27 of the Arms Act and

                   under Section 3(2)(v) of the SC/ST(PoA) Act.
Patna High Court CR. APP (SJ) No.4873 of 2025(3) dt.06-04-2026
                                             2/3




                       3. The case of the respondent, in short, is that when

          the informant’s son was going to Saharsa on his bike, in the

          way, the accused persons namely Md. Abdul Rahman fired on

          the chest of the informant’s son due to which he fell on the

          ground. It is further alleged that after that, other names accused

          persons fired at son of the informant due to which he died.

                       4. Learned counsel for the appellant submits that from

          perusal of the FIR it will transpire that the name of this

          appellant is not there in the FIR. The name of this appellant has

          surfaced during investigation. During investigation it has come

          that the appellant has worked as liner in this case. Learned

          counsel for the appellant has further submitted that in this case

          the main thrust of allegation is against Md. Abdul Rahman and

          that one of the co-accused namely, Sachidanad Paswan who is

          named in the FIR has been granted bail by learned Co-ordinate

          Bench of this Court vide Cr. Appl.(S.J.) No. 2864 of 2025. The

          case of this petitioner stands on similar footing. Learned counsel

          for the appellant has submitted that no overt act is alleged

          against the appellant. Learned counsel for the appellant has

          further submitted that the appellant is having no criminal

          antecedent and he is in judicial custody since 02.04.2025.

                        5. Learned counsel for the respondent is present and
            Patna High Court CR. APP (SJ) No.4873 of 2025(3) dt.06-04-2026
                                                         3/3




                      has vehemently opposed the bail to the appellant and has

                      submitted that the all the accused persons have killed the

                      deceased.

                                    6. In view of the submissions made by the learned

                      counsel for the appellant, the order dated 03.07.2025 passed by

                      the learned Additional Sessions Judge 1-cum-Special Judge,

                      SC/ST Act, Saharsa in Special Case No. 36 of 2025 arising out

                      of Bihra P.S. Case No. 69 of 2025 is hereby set aside and 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 of

                      A.D.J. 1st cum Special Judge, SC/ST, Saharsa in connection with

                      Special Case No. 36 of 2025 arising out of Bihra P.S. Case No.

                      69 of 2025.

                                   7. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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