In an appeal under the SC/ST Act, the Patna High Court set aside an order refusing bail to the appellant, who was accused of conspiring in the murder of an SC/ST woman. The High Court allowed the appeal and directed enlargement on bail subject to conditions.
Appellant enlarged on bail by furnishing a bond of Rs. 20,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.530 of 2025
Arising Out of PS. Case No.-264 Year-2024 Thana- BELDOUR District- Khagaria
======================================================
Amresh Kumar S/o Mukesh Rajak R/o Village- Pachaut, PS- Beldour, District- Khagaria
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Kumar Vikram For the Respondent/s : Mr.Binay Krishna For the Informant : Mr. Ranjeet Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.
2 . This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 24.10.2024 passed by the learned Additional Sessions Judge 1st Cum- Special Judge, SC/ST Act, Khagaria in connection with Baldaor P.S. Case No. 264/2024, Special (SC/ST) G.R. No. 84/2024 dated 23.07.2024 registered for the offence/s punishable u/s 103(1) read with Section 3(5) of the B.N.S. and
Patna High Court CR. APP (SJ) No.530 of 2025(6) dt.21-08-2025 2/4
Sections 3(2)(v) of the SC/ST Act.
3 . As per the prosecution case, the informant has alleged that the appellant and the co-accused persons in connivance with one another have killed the informant's daughter under conspiracy. The informant has further alleged that there was a love affair between her daughter and the coaccused, Rahul Kumar who was continuously putting pressure on deceased for marriage, which she refused. On refusal, the coaccused Rahul Kumar with his friends murdered her daughter and hanged her dead body in the mango orchard.
4 . Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. In para. 37 of the case diary, the confessional statement of the coaccused Rahul Kumar is mentioned in which he has stated that the deceased was pressurizing him to marry her and her family was not accepting this. On this, the petitioner caught head of the deceased and the co-accused persons, Nepali, Shubham and Chunnu caught legs of the deceased and the co-accused, Rahul
Patna High Court CR. APP (SJ) No.530 of 2025(6) dt.21-08-2025 3/4
Kumar strangled her to death and hung her on the mango tree from her dupatta and threw her mobile in the grass. The appellant has no criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 26.07.2024.
5 . Learned Spl. P.P. for the State as well as the learned counsel for the informant have vehemently opposed the prayer of bail by submitting that the appellant is also involved in the alleged crime.
6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 24.10.2024 passed by the learned Additional Sessions Judge 1st Cum- Special Judge, SC/ST Act, Khagaria in connection with Baldaor P.S. Case No. 264/2024, Special (SC/ST) G.R. No. 84/2024 is set aside against the appellant. The criminal appeal is allowed.
7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/(Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st Cum- Special Judge, SC/ST Act, Khagaria in connection with Baldaor P.S. Case No. 264/2024, Special (SC/ST) G.R. No. 84/2024, with further condition:-
Patna High Court CR. APP (SJ) No.530 of 2025(6) dt.21-08-2025 4/4
(i). The appellant is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the appellant are liable to be cancelled.
(Chandra Prakash Singh, J)
atul/-
U T
2 issues framed by the court
Whether bail should be granted to the appellant in a conspiracy murder case involving SC/ST offences despite the refusal of the lower court.
Whether the allegations of ulterior motive and lack of caste hatred invalidate the application of the SC/ST Act for bail purposes.
3 provisions across 2 enactments
Amresh Kumar
The State of Bihar
Pramila Devi
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
