Patna High Court
Chhotu Kumar @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, in the absence of specific allegations against the appellants in the FIR and given the precedent of bail to a similarly situated co‑accused, the appellants are entitled to bail.
Summary
The appellants Raj Kaushal and Chhotu Kumar were convicted in a murder case (Fatehpur PS Case No. 503 of 2025) under Sections 103(1), 61(2), 3(5) of the Bihar Navjivan (BNS) Act, Section 27 of the Arms Act and Section 3(2)(v) of the SC/ST Act, and their bail applications were rejected by the Exclusive Special Judge, SC/ST, Gaya. They contended that the FIR specifically named another accused, Shubham Kumar, as the shooter and that they were merely present when the victim was taken to a hospital, with no direct evidence of their participation or caste-based intimidation. The State and the victim’s wife argued that all accused shared a common intention to murder. The High Court examined the FIR, noted the absence of any direct allegation against the appellants, and observed that a co‑accused in a similar case had been granted bail. Consequently, the Court set aside the lower court’s order, allowed the appeal, and directed that the appellants be released on bail subject to conditions.
Issues considered
- Whether the appellants are sufficiently implicated in the FIR to justify denial of bail under the BNS Act, Arms Act and SC/ST Act.
- Whether the presence of a co‑accused who was granted bail in a similar case warrants granting bail to the present appellants.
- Whether the appellants’ lack of prior criminal record and prolonged pre‑trial detention merit bail.
Legislation cited
- Arms Act — s. 27
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- murder
- FIR
- SC/ST Act
- Arms Act
- false implication
- pre‑trial detention
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5003 of 2025
Arising Out of PS. Case No.-503 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Raj Kaushal Son of Brijnandan Das @ Brijnandan Das R/o Mohalla - Ravidas
Tola, P.S.- Fatehpur, District - Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Anita Devi Wife of Raju Ram R/o Village and P.S.- Fatehpur, District -
Gayaji.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 5084 of 2025
Arising Out of PS. Case No.-503 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Chhotu Kumar @ Raja Kumar Son of Birendra Thakur Resident of village-
Fatehpur PS- Fatehpur Dist -Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Anita Devi Wife of Raju Ram Resident of village- Fatehpur PS- Fatehpur
Dist -Gaya
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 5003 of 2025)
For the Appellant/s : Mr. Ajay Kumar Sinha. Advocate
Ms. Supriya Singh, Advocate
For the State : Mrs. Usha Kumari 1, Spl.P.P.
For the Respondent : Mr. Sanjay Kr. Sharma, Advocate
(In CRIMINAL APPEAL (SJ) No. 5084 of 2025)
For the Appellant/s : Mr. Shivendra Prasad, Advocate
For the State : Mrs. Usha Kumari 1, Spl.P.P.
For the respondent : Mr. Sanjay Kr. Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 23-03-2026 Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State and learned counsel for
the respondent.
Patna High Court CR. APP (SJ) No.5003 of 2025(3) dt.23-03-2026
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2. The instant appeal has been filed by the appellants
against the order dated 18.11.2025 passed by learned Exclusive
Special Judge SC/ST, Gaya whereby the prayer for bail of the
appellant in connection with Fatehpur P.S. Case no. 503 of 2025
under Sections 103(1), 61(2) and 3(5) of BNS and Section 27 of
the Arms Act and Sections 3(2) (v) of SC/ST Act was rejected.
3. The case of the respondent is that the appellants
along with others killed the respondent’s son.
4. It is submitted by learned counsel for the appellants
that appellants have been falsely implicated in this case.
Learned counsel for the appellants have submitted that from
perusal of the FIR, it is clear that the appellants along with
others have taken the son of the respondent to some place and it
is further alleged that one Shubham Kumar @ Gungun Kumar
has fired at the son of the respondent due to which he died.
Learned counsel has submitted that the manner in which, the
FIR was drafted, it shows that the respondent is not the eye
witness of this case. It has further been submitted that there is
specific allegation against Shubham @ Gungun and there is no
any allegations against these appellants. From perusal of FIR, it
also transpires that Sachin Kumar and Kamlesh and the
appellant Raj Kaushal took the deceased to PMCH, Fatehpur. As
Patna High Court CR. APP (SJ) No.5003 of 2025(3) dt.23-03-2026
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far as allegation regarding abusing with caste name is
concerned, since the respondent is not the eye witness, this
allegation has also got no force. It has further been submitted
that similarly situated co-accused person, namely, Nitish Kumar
has been granted bail by learned co-ordinate Bench of this court
vide Cr. APP(SJ) No. 4767 of 2025. The case of these appellants
stands on similar footing. A statement has been made in para-3
of this petition that the appellants have got no criminal
antecedent. Moreover, they are languishing in judicial custody
since 10.07.2025.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State and learned counsel for the respondent. Learned
counsel for the respondent has submitted that there was
common intention among all the accused persons and in
pursuance of this, they have executed the murder of the
deceased.
6. Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of this
case, the Court is inclined to allow the appeal. Accordingly, the
appeal is allowed and the impugned order dated 18.11.2025 is
hereby set aside.
7. The appellants are directed to be enlarged on bail in
Patna High Court CR. APP (SJ) No.5003 of 2025(3) dt.23-03-2026
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connection with Fatehpur P.S. Case No. 503 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) on
each of them with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge-SC/ST Gaya
with following conditions:-
(i) The appellants shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date.
(ii) The appellants are also directed not to threaten
any of the witnesses.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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