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Patna High Court

Victor BesraversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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