Patna High Court
Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 190, 191(2), 191(3), 61(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
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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