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Patna High Court

Viresh Singh @ Biresh Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted to the appellant, setting aside the Special Court’s order refusing bail.

Summary

The appellant, Viresh Singh, a government teacher, was charged under the SC/ST (Prevention of Atrocities) Act and the Bharatiya Nyaya Sanhita for the murder of the informant's husband, allegedly as a conspirator with Balindra Prasad. The FIR primarily implicates Balindra Prasad, with the appellant’s name added later, allegedly due to political rivalry. The appellant presented a biometric attendance sheet showing he was at school during the time of the alleged assault, and argued he has no prior criminal record. The State contended that the appellant was the mastermind and had provided the hammer used in the crime. The Patna High Court, after considering the alibi and lack of direct evidence against the appellant, set aside the Special Court’s refusal of bail and ordered his release on bail, thereby allowing the appeal.

Issues considered

  • Whether bail can be granted to the appellant under the SC/ST (Prevention of Atrocities) Act and the Bharatiya Nyaya Sanhita in view of the alleged conspiracy to murder.
  • Whether the appellant’s biometric attendance alibi creates reasonable doubt sufficient to merit bail.
  • Whether the Special Court’s refusal of bail was legally justified.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • murder
  • conspiracy
  • alibi
  • special court
  • scheduled caste
  • scheduled tribe
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5028 of 2025
                      Arising Out of PS. Case No.-492 Year-2025 Thana- BARHARIA District- Siwan
                 ======================================================
                 Viresh Singh @ Biresh Kumar Singh son of Late Raja Ram Singh Resident of
                 Village -Narharpur PS- Barhariya District- Siwan

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Baby Devi Wife of Sanjay Manjhi Resident of Village- Sheikhpura, PS-
                 Barhariya, Dist- Siwan

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Madhumay Madhup, Advocate
                                                 Mr. Nilabh Ranjan, Advocate
                 For the State          :        Mr. Sadanand Paswan, Spl.P.P.
                 For the Informant      :        Mr. Rizwanul Jama Khan, Advocate
                                                 Ms. Priyanka Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   07-04-2026                  Heard learned counsel for the appellant, learned

                   Spl.P.P. for the State and learned counsel for the Informant.

                                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 26.11.2025 passed by the

                   learned Special Court, Siwan in connection with Barhariya P.S.

                   Case No. 492 of 2025 registered for the offences punishable

                   under Sections 103(1), 61(2) & 3(5) of the Bharatiya Nyaya

                   Sanhita and under Sections 3(2)(v) of the SC/ST Act.

                                3. The case of the respondent, in short, is that one
Patna High Court CR. APP (SJ) No.5028 of 2025(3) dt.07-04-2026
                                             2/3




          Balindra Prasad @Nanaki has assaulted with hammer on the

          head of the husband of the informant due to which he

          succumbed to the injuries. In second part of the FIR it is stated

          that the petitioner along with others is the conspirator.

                       4. Learned counsel for the appellant submits that from

          perusal of the FIR itself it is clear that the main thrust of

          allegation is against Balindra Prasad and his name has been

          added in the last part of the FIR only due to political rivalry. It

          has further been submitted that appellant is a government

          teacher and he was present at his school. Learned counsel for

          the appellant has further submitted that annexure-P/2 is the

          biometric attendance sheet of the appellant which goes to show

          that the petitioner has entered in the school at 09:15 hrs and has

          exited from there at 16:00 hrs. Learned counsel for the appellant

          has submitted that save and except allegation that the appellant

          has conspired the death of the deceased, there is nothing against

          him. Learned counsel for the appellant has further submitted

          that appellant is having no criminal antecedent and he is in

          judicial custody since 25.09.2025.

                       5. Learned counsel for the respondent is present and

          has vehemently opposed the bail to the appellant and has

          submitted that the appellant is the master mind and he has made
            Patna High Court CR. APP (SJ) No.5028 of 2025(3) dt.07-04-2026
                                                         3/3




                      available the hammer which is apparent from the diary.

                                   6. In any view of the matter, main thrust of allegation

                      is against Balindra Prasad.

                                   7. In view of the submissions made by the learned

                      counsel for the appellant, the order dated 26.11.2025 passed by

                      the learned Special Court, Siwan in connection with Barhariya

                      P.S. Case No. 492 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

                      Additional District & Sessions Judge-I-cum-Special Court,

                      Siwan in connection with Barhariya P.S. Case No. 492 of 2025.

                                   8. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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