Patna High Court
Shankar SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and bail is granted to the appellant.
Summary
Shankar Sharma appealed against the denial of bail in a murder case (Azam Nagar PS Case No. 187 of 2024) where he was charged under IPC sections 302, 120(B), 34 and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the informant's husband was killed over a land dispute and that Sharma, along with co‑accused, participated in the murder, relying mainly on a confessional statement of another accused. Sharma contended that he was not named in the FIR, was implicated only through the co‑accused’s confession, there were no eyewitnesses, and he had not used the informant’s caste name publicly, thus no SC/ST offence. The Special Public Prosecutor opposed bail, arguing the confession showed Sharma’s involvement. The Patna High Court, after considering the lack of direct evidence and Sharma’s custody period, set aside the lower court’s order and granted bail with conditions, allowing the appeal.
Issues considered
- Whether bail can be granted to an accused charged with murder and offences under the SC/ST Act when the primary evidence is a co‑accused’s confessional statement.
- Whether the appellant’s alleged use of the informant’s caste name in public is sufficient to constitute an offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
Legislation cited
- Indian Penal Code — s. 120(B), 302, 34
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- bail
- murder
- IPC
- SC/ST Act
- confessional statement
- co‑accused
- caste discrimination
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.808 of 2025
Arising Out of PS. Case No.-187 Year-2024 Thana- AAJAM NAGAR District- Katihar
======================================================
Shankar Sharma S/O Late Sudam Sharma R/O Pachwahan, Marbatpur,
Sharma Tola, Police Station- Azam Nagar, Distt.- Katihar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Manju Devi W/O Raj Kumar Rajak R/O Palsa, P.S- Azam Nagar, Distt.-
Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajit Kumar Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
9 15-01-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State. Notice issued to
respondent No.2 is validly served.
2. The instant appeal has been filed by the appellant
against the order dated 12-09-2024 passed by learned ADJ-I-
cum-Special Judge, SC/ST, Act, Katihar whereby the prayer for
bail of the appellant in connection with Azam Nagar PS Case
No. 187 of 2024 under Sections 302, 120(B) & 34 of the Indian
Penal Code (for short ‘IPC’) and Section 3(2)(v) of SC/ST Act
was rejected.
3. Prosecution case, in short, is that on 13.05.2024,
Informant’s husband was found murdered near Kali Mandir
Patna High Court CR. APP (SJ) No.808 of 2025(9) dt.15-01-2026
2/4
with his intestines protruding. She alleged the murder was due
to a land dispute involving 17 decimals she bought, which
Saiful and Md. Tanweer repeatedly tried to grab by threatening
her. She also faced threats over another 15.3-decimal plot
purchased from Salauddin.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Appellant is not named in the FIR. The name of the appellant
has transpired on the basis of confessional statement of co-
accused, namely, Shankar Sharma. There is no eye witness to
the occurrence. Learned counsel for the appellant submits that
appellant in his confessional statement has stated that in order to
remove the husband of the informant, it was Deepak Rishi, who
gave dagger blow in the stomach of deceased, due to which he
succumbed to his injuries. Learned counsel for the appellant
further submits that the appellant has not taken the caste name
of the informant in public view. Hence, no offence under the
provisions of SC/ST Act is made out against him. The appellant
has no intention to disgrace the image of the informant in public
view. The appellant is in custody since 17-05-2024 and has no
criminal antecedent.
Patna High Court CR. APP (SJ) No.808 of 2025(9) dt.15-01-2026
3/4
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. It is
fervently contended that from perusal of the confessional
statement of co-accused, including the appellant, it would
manifest that there was illicit relationship of deceased Raj
Kumar Rajak with the wife of Deepak Rishi and it was appellant
and co-accused, who caught hold the deceased, whereas Deepak
Rishi gave knife blow upon the Raj Kumar Rajak (deceased).
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 12-09-2024
passed by learned ADJ-I-cum-Special Judge, SC/ST, Act,
Katihar is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Azam Nagar PS
Case No. 187 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the appellant.
(II) The appellant shall appear on each and every date
Patna High Court CR. APP (SJ) No.808 of 2025(9) dt.15-01-2026
4/4
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the appellant.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…