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Patna High Court

Chhotu Kumar @ Raja KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/4




                       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
                                             3/4




          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
                                                         4/4




                      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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