Patna High Court
Kanhai Kumar Singh @ Kanhai KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is granted bail on condition of a bond and sureties.
Summary
The appellant, Kanhai Kumar Singh, was charged with murder and offences under the BNS Act and the SC/ST (POA) Act following a dispute that allegedly led to the death of the respondent's husband. The prosecution alleged that the appellant used caste slurs and threatened the victim, who was later found dead. The appellant contended that he was falsely implicated, highlighted the lack of eyewitnesses, his physical handicap, and the absence of any overt act linking him to the murder, and sought bail. The State opposed bail, citing the appellant's criminal antecedents. After hearing both sides, the Court found no specific overt act against the appellant, set aside the lower court's order denying bail, and granted bail on a bond with sureties. The decision underscores the requirement of concrete evidence before denying bail in serious offences.
Issues considered
- Whether the appellant is entitled to bail despite the serious nature of the charges under the BNS Act and the SC/ST (POA) Act
- Whether the prosecution has established any specific overt act linking the appellant to the alleged murder
- Whether the appellant's physical handicap and lack of eyewitness testimony affect the bail determination
Legislation cited
- BNS Act — s. 103, 351(2), 352
Subjects
- bail
- murder
- SC/ST (POA) Act
- caste-based violence
- handicap
- evidentiary insufficiency
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4958 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- BELSAND District- Sitamarhi
======================================================
Kanhai Kumar Singh @ Kanhai Kumar S/o Late Anand Kishore Singh R/o
Village- Balsand Kothi, Ward No. 1, P.S.- Belsond, Dist. - Sitamarhi
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 19-03-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 20.11.2025 passed by learned 1 st
Additional Sessions Judge-cum-Special Judge, SC/ST (POA)
Act, Sitamarhi whereby the prayer for bail of the appellant in
connection with Belsand P.S. Case no. 60 of 2025 under
Sections 103, 352, 351(2) of BNS and Sections 3(1) (r), 3(1)(s),
3(2) (va) 3(1) of the SC/ST Act was rejected.
3. The case of the prosecution is that the appellant has
gone to the house of the respondent due to some dispute and as
the husband of the respondent came out of the house, the
appellant abused him with his caste name and threatened him of
dire consequences. It is alleged that at about 8:30 PM, the
Patna High Court CR. APP (SJ) No.4958 of 2025(3) dt.19-03-2026
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husband of the respondent followed the appellant and when her
husband did not return his house at 9:15 PM, the villagers saw
the husband of the informant in brick-kiln in unconscious
position in pool of blood. From there, he was referred to
Muzaffarpur where he was declared dead by the doctors.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. From
perusal of the FIR, it is clear that the the case of the respondent
is that the appellant was seen at 8:30 PM with the deceased and
at 9:15 PM, the deceased was found in injured condition. It has
further been submitted that from perusal of the entire diary, it is
clear that there is no eye witness to this case. The witnesses
have only stated that they came to know that there was some
disputes between the deceased and the appellant. It has also
been submitted that Annexure-P/2 will go to show that the
appellant is a handicap person and his right leg is amputated
below the knee. He has been framed in this case due to the
dispute which has been described in the FIR. As far as the
allegation of abusing the deceased with caste name is
concerned, the same was not in public view. Moreover, the
appellant is languishing in judicial custody since 19.09.2025.
5. The appeal for bail is opposed by learned Spl. P.P.
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for the State and has submitted that appellant is having criminal
antecedent of three cases.
6. Having heard learned counsel for the parties and
taking into consideration that there is no any specific overt act
against the appellant, the Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and the impugned order
dated 20.11.2025 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Belsand P.S. Case No. 60 of 2025 on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) with two
sureties of the like amount each to the satisfaction of the learned
1st Additional Sessions Judge-cum-Spl. Judge, SC/ST (POA)
Act, Sitamarhi.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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