Patna High Court
Victor BesraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and the order refusing bail is set aside, directing that bail be granted to the appellants.
Summary
The appellants Victor Besra, Sonu Marandi and Mantu Marandi appealed against the denial of bail in a murder case registered under several IPC sections and the SC/ST (Prevention of Atrocities) Act. The State and the respondent alleged that the appellants, particularly appellant No.2, had confessed to killing the deceased, a plant worker, and that the post‑mortem findings corroborated this confession. The appellants contended that they were falsely implicated, that the only incriminating material was a police‑recorded confessional statement which is not admissible, and that they had no prior criminal record. After hearing both sides, the Patna High Court held that the bail application should be granted, set aside the lower court’s order refusing bail, and directed the appellants to be released on bail upon furnishing a bond. The court emphasized that the evidence was insufficient to justify continued detention pending trial.
Issues considered
- Whether bail can be granted to the accused under the SC/ST (Prevention of Atrocities) Act and the listed IPC offences.
- Whether a confessional statement recorded by police constitutes admissible material for bail determination.
- Whether the post‑mortem report and alleged confession sufficiently justify denial of bail.
Legislation cited
- Indian Penal Code — s. 103(1), 109, 115(2), 126(2), 3(5), 351(2)
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(2)(va)
Subjects
- bail
- SC/ST (Prevention of Atrocities) Act
- confessional statement
- post‑mortem report
- IPC offences
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4940 of 2025
Arising Out of PS. Case No.-180 Year-2024 Thana- CHAKAI District- Jamui
======================================================
1. Victor Besra, S/O Manvel Besra, R/O Village- Chadari, P.S- Chakai, Distt.-
Jamui.
2. Sonu Marandi @ Sona Marandi @ Sona Ram Marandi, S/O Fagu Marandi,
R/O Village- Chadari, P.S- Chakai, Distt.- Jamui.
3. Mantu Marandi, S/O Budhan Marandi, R/O Village- Chadari, P.S- Chakai,
Distt.- Jamui.
... ... Appellant/s
Versus
1. The State of Bihar
2. Bimla Devi, W/O Budhan Paswan, R/O Village- Balagoji, P.S- Chakai,
Distt.- Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satya Prakash Parasar, Advocate
For the State : Ms. Usha Kumari 1, Spl. P.P.
For the Respondent : Mr. Akash Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 06-04-2026 Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State and learned counsel for
the respondent.
2. The instant appeal has been filed by the appellants
against the order dated 27.11.2025 passed by learned
Additional Sessions Judge-I-cum-Special Judge, SC/ST Act,
Jamui whereby the prayer for bail of the appellants in
connection with Chakai P.S. Case No. 180 of 2024 registered
under Sections 126(2), 115(2), 109, 351(2), 103(1) and 3(5) of
Patna High Court CR. APP (SJ) No.4940 of 2025(4) dt.06-04-2026
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B.N.S. read with Section 3(2)(va) of SC/ST (POA) Act was
rejected.
3. The case of the respondent, in short, is that the
husband (deceased) of the informant was working in a Plant. On
17.09.2024, he has gone to the plant. He did not return till night.
He was being searched. He was found in subconscious position
near the plant. It is further alleged that one Naresh Verma has
threatened him of the dire consequences. The respondent came
to know that the appellants along others have killed her
husband.
4. It is submitted by learned counsel for the appellants
that appellants are innocent and have been falsely implicated in
this case. Learned counsel for the appellants has submitted that
in this case, there are altogether three appellants. The name of
the appellants has surfaced only on the basis of suspicion.
During course of investigation, the appellants have also given
their confessional statement. It has further been submitted that
mobile of the deceased was recovered from the possession of
one Ajeet and none of the appellants is Ajeet. It has further been
submitted that save and except the confessional statement, there
is nothing against the appellants. All the confessional statements
were recorded before police which is not a legal material. It has
Patna High Court CR. APP (SJ) No.4940 of 2025(4) dt.06-04-2026
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further been submitted that in this case, police has submitted
charge-sheet, charge has been framed and the evidence is in
progress. The appellants are having no criminal antecedent and
they are languishing in judicial custody since 20.09.2024.
5. The appeal for bail is vehemently opposed by
learned Spl. P.P. for the State and learned counsel for the
respondent. Learned counsel for the respondent has stated that
the appellant no.2 has given his confessional statement and has
confessed his guilt and has stated that he has pressed the neck of
the deceased which is corroborated by the postmortem report.
From perusal of the postmortem report, it is clear that the
deceased has following ante-mortem injuries; first is lacerated
wound size 1” x 1/2” x 1/4” brown in colour on left hand. On
right side of neck was covered by bandage and cello tape. After
exposure of the bandage and cello tape central line catheter scar
present on right side of neck. Multiple small brown coloured
abrasion present on right side of neck. Learned counsel for the
respondent has submitted that the abrasions on the neck
corroborate with the confessional statement of appellant no.2.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to allow this appeal. Accordingly, the appeal is allowed
Patna High Court CR. APP (SJ) No.4940 of 2025(4) dt.06-04-2026
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and the impugned order dated 27.11.2025 passed in connection
with Chakai P.S. Case No. 180 of 2024 is hereby set aside.
7. The appellants are directed to be enlarged on bail in
connection with Chakai P.S. Case No. 180 of 2024 on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-I-cum-Special Judge, SC/ST Act,
Jamui.
(Ashok Kumar Pandey, J)
lata/-
U T
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