Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court set aside the lower court’s refusal of bail and allowed the appeal, granting bail with conditions.
Summary
The appellant, Niraj Kumar, was arrested in connection with the murder of Ashwani Kumar, a shopkeeper, under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He was not named in the FIR; his alleged involvement emerged from a confessional statement of co‑accused Shivaji Singh, and the appellant himself reportedly confessed guilt, though the prosecution presented no other substantive evidence. The Additional Sessions Judge refused regular bail under Section 14(A)(2) of the SC/ST (POA) Act, prompting the appellant to appeal. The High Court examined the appellant’s clean antecedent, the lack of material linking him to the crime beyond the confession, and the precedent of bail granted to a similarly situated co‑accused. Finding the lower court’s refusal unjustified, the Court set aside the order, granted bail with strict conditions, and allowed the appeal. The decision underscores that bail may be granted under the SC/ST (POA) Act when the accused has a clean record and the prosecution’s case lacks cogent material despite a confession.
Issues considered
- Whether regular bail can be granted to an accused under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act when the only evidence is a co‑accused’s confession and the accused’s own confession without further material.
- Whether the appellant’s clean antecedent and the absence of substantive corroborative evidence justify bail despite a confession.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(2), 3(2)(v)
Subjects
- bail
- Scheduled Castes and Scheduled Tribes Act
- SC/ST (POA) Act
- confession
- clean antecedent
- regular bail
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.804 of 2026
Arising Out of PS. Case No.-597 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Niraj Kumar S/o- Narayan Paswan R/v- Bhawani Nagar Paswan Tola W.No-
17, Ps- Saharsa Sadar Dist- Saharsa
... ... Appellant/s
Versus
1. The State of Bihar
2. Umesh Paswan S/o- Late Biko Paswan R/v- Koshi Colony W.No-17, Po-
Saharsa Ps- Saharsa Sadar, Dist- Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amarnath Jha
For the Respondent/s : Mr. Binay Krishna
For the Informant : Mr. Madhav Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard learned counsel for the appellant, learned
counsel for the respondent no.2 and learned Spl.P.P. for the
State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 23.05.2025
passed by the learned Additional Sessions Judge-1st-cum-
Special Judge, SC/ST (POA) Act, Saharsa in connection with
Saharsa Sadar P.S. Case No. 597 of 2025 registered under
Sections 103(1) and 3(5) of the BNS, 2023 and Section 3(2)(v)
of the Scheduled Castes and Scheduled Tribes Act (Prevention
of Atrocities) Act.
3. The case of the prosecution, in brief, is that
informant’s son Ashwani Kumar was running beetle shop at
Koshi Chauk. He was sitting in his shop on 22.5.2025 at 7:30
O'clock in the evening. Mean while some unknown persons
came Caused to his shop and to told Ashwani Kumr to go same
Patna High Court CR. APP (SJ) No.804 of 2026(3) dt.30-04-2026
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to where. He made his brother Ghanshyam Kumar sit in the
shop and departed towards Koshi colony. Ashwani Kumar in
course of departing there from took mobile of his cousin brother
Dilkhush Kumar and after 10 minutes Dilkhush Kumar started
calling him through the mobile of the relatives. It was received
once and he told that he would return in five minutes. When he
did not return by late night search was done. Even in the.
morning search was made at 10 O'clock in the morning his
mobile got switched off. On 23.5.2025 at 12:30 O'clock one
lady who picks up was the materials raised alarm then the
informant came to know and recognized the dead body. Police
was informed. Informant claims that F.I.R. named accused and
unknown persons murdered him.
4. Learned counsel for the appellant submits that the
appellant has clean antecedent and appellant is not named in the
FIR and the name of the appellant has transpired during the
course of investigation on the basis of confessional statement of
co-accused person namely, Shivaji Singh. Learned counsel for
the appellant submits that the appellant has also confessed his
guilt in the present occurrence and except the aforesaid, no
cogent material has come to suggest the involvement of the
appellant in the present case and even no one has seen the
Patna High Court CR. APP (SJ) No.804 of 2026(3) dt.30-04-2026
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occurrence. It is next submitted that similarly situated co-
accused person, namely, Ranshu Kumar has been granted bail
vide order dated 23.04.2026 in Cr. Appeal (SJ) No. 477 of 2026
by this Court. It is next submitted that police after investigation
has submitted charge-sheet and appellant is in custody since
13.08.2025.
5. Learned counsel appearing on behalf of the
respondent no.2 and the learned Special Public Prosecutor for
the State have vehemently opposed the prayer for bail of the
appellant and submit that appellant has confessed his guilt in the
present occurrence but fairly submits that except the aforesaid,
no cogent material has come to suggest the involvement of the
appellant in the present case
6. Considering the aforesaid facts and circumstances
of the case and that appellant has clean antecedent, let the
appellant, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Additional
Sessions Judge-1st-cum-Special Judge, SC/ST (POA) Act,
Saharsa in connection with Saharsa Sadar P.S. Case No. 597 of
2025 with other following conditions:-
i. Appellant shall co-operate in the trial and shall be
Patna High Court CR. APP (SJ) No.804 of 2026(3) dt.30-04-2026
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at any
stage it is found that the appellant have concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the appellant. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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