Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4566 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- ROH District- Nawada ====================================================== Rajnish Kumar Son of Late Devendra Vishwakarma Village- Roh, P.S- Roh, District- Nawada ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sarita Devi Wife of Late Sunil Rajak Village- Barapandeya, P.S- Roh, District- Nawada ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Akhilesh Kumar, Advocate For the Respondent/s :

Ms. Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2.

The instant appeal has been filed by the appellant against the order dated 26-07-2024 passed by learned Exclusive Special Judge, Special Court, SC/ST (PoA) Act, Nawada whereby the prayer for bail of the appellant in connection with Roh PS Case No. 81 of 2024 under Sections 302, 201, 120(B), 34 of the Indian Penal Code (for short 'IPC') and Sections 3(2) (va) & 3(2)(v) of SC/ST Act was rejected.

3.

Prosecution case, in short, is that on the alleged date and time, the husband of the informant left house but did

Patna High Court CR. APP (SJ) No.4566 of 2024(7) dt.29-07-2025 2/3 not return. It is further alleged that next day, the dead body of the informant's husband was found in a sac near Anila Sundar Road and was cut into pieces.

4.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case due to local village politics. Appellant is not named in the FIR. Name of the appellant has surfaced in this case on the basis of disclosure made by co-accused person, and the same has no evidentiary value in the eye of law. Learned counsel for the appellant further submits that except suspicion, no material has cropped up during investigation. Charge-sheet has been submitted in this case. 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 26-03-2024 and has no criminal antecedent.

5.

Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the petitioner. During investigation, it is revealed that appellant talked to the informant 195 times in between

Patna High Court CR. APP (SJ) No.4566 of 2024(7) dt.29-07-2025 3/3 16-08-2023 to 13-03-2024, which reflects the relationship of the appellant and the informant. Appellant in his confessional statement has confessed his guilt and has very categorically elaborated the role of each accused persons in the commission of the offence. Regular bail of other co-accused has been rejected by this Court vide order dated 26-10-2024, passed in Cr. Misc. No. 43268 of 2024.

6.

Considering the aforesaid facts and circumstances of the case, there being enough material against the appellant in the case diary to establish his role is the commission of the offence as also the nature and gravity of the offence, this Court is not inclined to allow the appeal. Appeal is accordingly dismissed.

7.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T