Patna High Court
Deepak PatwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 14(A)(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
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
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(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
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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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