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Patna High Court

Deepak PatwaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The appeal is allowed; the appellant is released on bail with conditions, and the impugned order refusing bail is set aside.

Summary

The appellant, Ranshu Kumar, was charged with murder under Sections 103(1) and 3(5) of the Bihar Naxal Suppression Act, 2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He sought regular bail, but the Additional Sessions Judge refused it, prompting an appeal under Section 14(A)(2) of the Criminal Procedure Code. The prosecution argued that the appellant’s name emerged from a co‑accused’s confession and that the appellant himself later confessed, despite no eyewitnesses. The defence contended that the appellant has a clean antecedent, was not named in the FIR, and that a police confession is inadmissible, also asserting that the SC/ST Act does not apply to him. The Patna High Court set aside the lower court’s order, granting bail on a Rs.10,000 bond with two sureties and imposing conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedent. The appeal was allowed.

Issues considered

  • Whether bail can be granted to an accused under the SC/ST (Prevention of Atrocities) Act when the FIR does not name him but his name appears in a co‑accused’s confession.
  • Whether a police‑recorded confession of the appellant is admissible for bail considerations.
  • Whether Section 14(A)(2) of the CrPC mandates denial of bail in cases involving the SC/ST Act.
  • Whether the appellant’s alleged clean antecedent and lack of prior charges justify bail despite the charge sheet.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • confession
  • charge sheet
  • criminal antecedent
  • murder
  • Section 14A
  • Scheduled Castes
  • Scheduled Tribes
  • Prevention of Atrocities

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.477 of 2026
                  Arising Out of PS. Case No.-597 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Ranshu Kumar S/o- Chandra Kishore Paswan R/v- Gangjala, Bhawani Tola
                 Ward No- 13 PS-Saharsa Sadar District- Saharsa

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Umesh Paswan S/o- Biko Paswan R/v- Kosi Chowk, W.No-17, Ps- Saharsa
                 SAdar PO Dist- Saharsa

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Piyush Saurav, Advocate
                                                 Mr. Abhishek Mishra, Advocate
                 For the Respondent/s   :        Ms. Usha Kumari 1, SPP
                 For the Resp. No. 2    :        Mr. Madhav Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   23-04-2026                    Heard Mr. Piyush Saurav, learned counsel for the

                   appellant, Mr. Madhav Jha, learned counsel appearing on behalf

                   of the Respondent No. 2 as well as Ms. Usha Kumari 1, 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 07.01.2026

                   passed by the learned Court of Additional Sessions Judge-I-

                   cum-Special Judge, SC/ST (PoA) Act, Saharsa in connection

                   with Special Case No. 102 of 2025 arising out of Saharsa Sadar

                   P.S. Case No. 597 of 2025, F.I.R. dated 23.05.2025 registered

                   under Sections 103(1) and 3(5) of the BNS, 2023 and Sections

                   3(2)(v) of the Scheduled Castes and Scheduled Tribes Act
Patna High Court CR. APP (SJ) No.477 of 2026(4) dt.23-04-2026
                                             2/4




          (Prevention of Atrocities) Act.

                       3. According to the prosecution case, this appellant

          along with other accused persons have killed the informant's son

          under a conspiracy.

                       4. Learned counsel for the appellant submits that

          appellant has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          appellant is not named in the FIR and his name has been

          transpired during investigation on the basis of the confessional

          statement of co-accused Shivji Kumar and except the aforesaid,

          nothing has come during investigation which suggest the

          involvement of the appellant in the present occurrence.

          Thereafter, the appellant has himself confessed his guilt in the

          present occurrence. He further submits that the appellant

          belongs to SC/ST community, so no case is made out under the

          SC/ST Act against the appellant. The confession before the

          police is of no evidentiary value. He further submits that the

          police, after investigation, submitted charge sheet against the

          appellant on 05.11.2025 and thereafter, the charge has been

          framed against the appellant on 12.12.2025. The appellant is in

          custody since 12.08.2025.

                       5. Learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.477 of 2026(4) dt.23-04-2026
                                             3/4




          Respondent No. 2 as well as learned Special Public Prosecutor

          for the State have vehemently opposed the prayer for bail of the

          appellant and submits that although the appellant is not named

          in the FIR but his name has been transpired on the basis of

          confessional statement of the co-accused Shivji Kumar and

          thereafter, the appellant has confessed his guilt in the present

          occurrence but fairly submits that no one has seen the

          occurrence.

                       6. Considering the aforesaid facts and circumstances

          of the case, 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 Court of Additional Sessions Judge-I-cum-Special

          Judge, SC/ST (PoA) Act, Saharsa in connection with Special

          Case No. 102 of 2025 arising out of Saharsa Sadar P.S. Case No.

          597 of 2025, with other following conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          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
            Patna High Court CR. APP (SJ) No.477 of 2026(4) dt.23-04-2026
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                      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)
Vanisha/-

U      T


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