Patna High Court
Viresh Singh @ Biresh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
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
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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/-
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