Patna High Court
Bantan Kahar @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order denying anticipatory bail and granted bail to the appellant.
Summary
The appellant, Bantan Kahar, was charged under Sections 302 and 34 of the IPC and several provisions of the SC/ST (Prevention of Atrocities) Act for the alleged murder of a woman’s son. He applied for anticipatory bail, which was denied by the Additional District and Sessions Judge. The appellant contended that he was innocent, there were no eye‑witnesses, the accusations were based merely on suspicion, and there was no evidence of caste‑based abuse. The State opposed the bail, arguing the seriousness of the offences. The Patna High Court, considering the lack of direct evidence, the general nature of the accusation and the appellant’s clean antecedents, set aside the lower court’s order and granted anticipatory bail to the appellant subject to a bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the appellant under Sections 302 and 34 IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the prosecution has established a case under the SC/ST Act against the appellant.
- Whether the appellant’s clean antecedents and lack of eye‑witness testimony justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 302, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r)(s)(v)
Subjects
- anticipatory bail
- murder
- IPC
- SC/ST Act
- bail
- criminal procedure
- caste based offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5542 of 2023
Arising Out of PS. Case No.-299 Year-2023 Thana- BIHAR District- Nalanda
======================================================
Bantan Kahar @ Jitendra Kumar SON OF LATE KAMTA PRASAD @
LATE KANTA RAM R/O WARD NO.25, BHAINSASUR, P.S.- LAHERI
(BIHAR SHARIF), DIST.- NALANDA-803101, AT PRESENT RESIDING
AT MAGADH COLONY, P.S.- SOHSARAI (BIHAR SHARIF, DIST.-
NALANDA- 803101
... ... Appellant/s
Versus
1. The State of Bihar
2. Kiran Devi Late Rajendra Ram Resident of Sadar Hospital Government
Quarter BiharShariff (Nalanda) PIN- 803101
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Anurag Pandey, Advocate
For the State : Mr. Sadanand Paswan, APP
For Respondent No. 2 : Mr. Shubhesh Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 19-03-2026 Heard learned counsel for the appellant, learned
Spl.PP for the State and learned counsel for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 21.11.2023, passed in a case registered for the offence
punishable under Sections 302 and 34 of the Indian Penal Code
and Sections 3(i)(r)(s)(v) and 3(2)(va) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, whereby
the prayer for anticipatory bail of the appellant has been
rejected.
Patna High Court CR. APP (SJ) No.5542 of 2023(4) dt.19-03-2026
2/3
3. As per the prosecution case, informant suspects
that all the F.I.R. named accused persons, including this
appellant, killed her son as there was quarrel between the
deceased and this appellant prior to the occurrence.
4. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that informant is not an eye witness to the alleged
occurrence and the entire accusation hinges on suspicion.
During investigation, no one has claimed to have seen this
appellant committing the alleged offence. Moreover, there is
absolutely no allegation of abuse by caste name against this
appellant and as such, no case under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act Act is made out
against this appellant. Appellant claims clean antecedents.
5. On the other hand, learned Special PP for the State
and learned counsel for the informant/Respondent No. 2 have
vehemently opposed the prayer for grant of anticipatory bail to
the appellant.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the appellant, this appeal is allowed and the
Patna High Court CR. APP (SJ) No.5542 of 2023(4) dt.19-03-2026
3/3
impugned order dated 21.11.2023 passed by the Court of
learned Additional District and Sessions Judge VI-cum-Special
Judge, SC/ST Court, Nalanda, Bihar Sharif in connection with
A.B.P. No. 1911 of 2023 arising out of Bihar P.S. Case No. 299
of 2023 is hereby set aside with respect to this appellant only.
7. Accordingly, let the appellant, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge VI-cum-Special Judge,
SC/ST Court, Nalanda at Bihar Sharif in connection with Bihar
P.S. Case No. 299 of 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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