Deepak Patwa v. The State Of Bihar

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 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-Icum-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

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

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

4/4 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