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Patna High Court

Aditya RajversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the Special Judge’s refusal of bail and ordered the release of the appellant on bail.

Summary

The appellant, Aditya Raj, was charged with murder and related offences under Sections 109, 3(5) and 103 of the Bharatiya Nyaya Sanhita and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Special Judge had refused bail on 3 November 2025. On appeal, the appellant argued that his name was absent from the FIR, that he had given a confessional statement leading to the recovery of the weapon which was never sent for forensic examination, and that there were contradictions between the FIR and the police diary regarding the place of occurrence. The State opposed bail. The Patna High Court found the procedural lapses significant and set aside the lower court’s order, directing that the appellant be released on bail upon furnishing a bond of Rs.10,000 with two sureties, thereby allowing the appeal.

Issues considered

  • Whether bail can be granted in a case under the SC/ST Act despite serious charges of murder.
  • Whether the absence of the appellant's name in the FIR and the failure to send the recovered weapon for forensic analysis constitute grounds for bail.
  • Whether contradictions in the description of the place of occurrence affect the merits of the bail application.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • murder
  • forensic evidence
  • procedural irregularities
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.712 of 2026
                         Arising Out of PS. Case No.-407 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Aditya Raj S/o Jitendra Kumar Singh @ Jitenda Kumar Singh R/o Village-
                 Musepur @ Munsepur, P.S - Bihta, District - Patna
                                                                       ... ... Appellant/s
                                                  Versus
           1.     The State of Bihar
           2.     Kranti Devi W/o Late Sanjay Manjhi R/o Village- Musepur @ Munsepur,
                  P.S - Bihta, District - Patna
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Alexander Ashok, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   21-04-2026                 Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State.

                               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 03.11.2025 passed by the

                   learned Exclusive Special Judge S.C./S.T. Act, Civil Court

                   (Sadar), Patna in connection with Special Case No. 446 of 2025

                   arising out of Bihta P.S. Case No. 407 of 2025 registered for the

                   offences punishable under Sections 109 and 3(5) of the

                   Bharatiya Nyaya Sanhita (in short “BNS’) and under Section

                   3(2)(va) of the SC/ST Act and subsequently added Section 103

                   of the BNS.
Patna High Court CR. APP (SJ) No.712 of 2026(3) dt.21-04-2026
                                             2/3




                       3. The case of the respondent, in short, is that the

          informant along with his family and her husband were sleeping

          in their house. On 02.06.2025 at about 12:00-12:30 A.M., she

          heard the firing of two gunshots. As she awoke, she found that

          blood was oozing from the head of the informant’s husband and

          the assailants were fleeing away on a bike whom she could not

          identify.

                       4. Learned counsel for the appellant submits that from

          perusal of the FIR it will transpire that name of appellant is not

          there in the FIR. During course of investigation this appellant

          has given his confessional statement and in confessional

          statement he has confessed his guilt and from perusal of case

          diary it will transpire that on his disclosure the weapon of

          assault was discovered. Learned counsel for the appellant has

          submitted that from perusal of the case diary it also transpire

          that though the police has recovered the weapon of assault but

          the same has not been sent for examination of FSL. Learned

          counsel for the appellant has further submitted that from

          Paragraph ‘4’ of the case diary it will transpire that the place of

          occurrence is an open field whereas from perusal of the FIR it

          will transpire that the informant has categorically stated that she

          was sleeping at her house with her family. Learned counsel for
            Patna High Court CR. APP (SJ) No.712 of 2026(3) dt.21-04-2026
                                                         3/3




                      the appellant has further submitted that the place of occurrence

                      as disclosed by the respondent and as disclosed by the I.O. are

                      contradictory. Learned counsel counsel for the appellant has

                      further submitted that the appellant is in judicial custody since

                      08.07.2025.

                                    5. Learned Spl.P.P. for the State is present and has

                      vehemently opposed the bail.

                                    6. In view of the submissions made by the learned

                      counsel for the appellant, the order dated 03.11.2025 passed by

                      the learned Exclusive Special Judge S.C./S.T. Act, Civil Court

                      (Sadar), Patna in connection with Special Case No. 446 of 2025

                      arising out of Bihta P.S. Case No. 407 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 Exclusive Special Judge(SC/ST), Civil

                      Court (Sadar) Patna in connection with Special Case No.446 of

                      2025 arising out of Bihta P.S. Case No. 407 of 2025.

                                   7. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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