Supreme Court says, Guddu Ray "shall not reside in or enter in the village Maqsoodpur, District-Patna, till the conclusion of the trial" in a murder case

In The State of Bihar & Anr. vs.  Baleshwari Devi (2026), Supreme Court's Division Bench of Justices M.M. Sundresh and N.K Singh passed a 3-page long order dated February 25, 2026. The order reads: "Despite notice served, none appears for the contesting respondent(s). Learned Senior counsel appearing for the petitioner would submit that a threat was extended by the private respondent to the petitioner even very recently. The Trial Court has also ordered further investigation. It is a case of gruesome murder. The petitioner’s son has been shot dead at point blank range. Though the allegations are quite serious, we are not inclined to interfere with the impugned order(s) only for the reason that the bail was granted to the private respondents as early as on 13.11.2024 and 20.11.2024. However, in view of the prevailing situation and the fact that the safety of the petitioner and her family is in question, particularly, when threats have been exerted against them by the private respondent in SLP(Crl) No.8371/2025, we direct that the private respondent in SLP(Crl) No.8371/2025 shall not reside in or enter in the village Maqsoodpur, District-Patna, till the conclusion of the trial. However, liberty is granted to the petitioner to seek cancellation of bail in the future in the event of a threat at the instance of the private respondent in SLP(Crl) No. 8371/2025. The Special Leave Petitions stand disposed of, accordingly." It was filed in the Supreme Court on January 12, 2025, registered on February 12, 2025 and verified on February 13, 2025.

Earlier, in Guddu Ray @ Guddu Kumar vs. The State of Bihar & Anr. (2024), Patna High Court's Justice Chandra Prakash Singh had passed a 3-page long order dated November 13, 2024 concluded: "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 24.06.2024 passed by the learned Exclusive Special Judge, SC/ST Act, Civil Court, Patna Sadar in Serial No. 158 of 2024 arising out of Shahpur P.S. Case No. 147 of 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 Exclusive Special Judge, SC/ST Act, Civil Court, Patna Sadar in Serial No. 158 of 2024 arising out of Shahpur P.S. Case No. 147 of 2024, with the condition/s:- (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." The Respondent No.2 was Baleshwari Devi. The criminal appeal was filed on July 23, 2024 and registered on July 26, 2024

The order was passed after hearing an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer for bail vide order dated June 27, 2024 passed by the Exclusive Special Judge, SC/ST Act, Civil Court, Patna Sadar in Serial No. 158 of 2024 which arose out of Shahpur P.S. Case of 2024 dated April 18, 2024 registered for the offence/s punishable u/ss 147, 148, 149, 341, 323, 307, 302, 338, 504, 506 of the Indian Penal Code, Section 27of the Arms Act and sections 3(1)(r)(s) / 3(2) (va) (v) of the SC/ST (POA) Act. 

As per the prosecution case, on April 14, 2024, the informant along with the some other people was celebrating Ambedkar Jyanti, in the meantime, some anti-social elements started abusing by taking her caste name for which the informant objected. Thereafter, on April 17, 2024, the appellant along with the other co-accused persons having arms came there and started pelting stones on her community members causing injuries to them. It was also alleged that they also fired on them due to that one Vikaram Kumar sustained gun shot injury and subsequently he died. The appellant submitted that the appellant was innocent and was falsely implicated in the case due to ulterior motive. The counsel also submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. As per FIR, no member of public was present at the relevant point of time of the alleged incident hence, no case was made out under section SC/ST Act. There was general and omnibus allegation against the appellant. There was no specific
allegation of firing against the appellant. The co-accused person was already granted regular bail by the High Court vide order dated August 22, 2024 passed in Cr. Appeal (SJ) No. 3192 of 2024. The appellant had no criminal antecedent. The appellant was in custody since April 19, 2024. 

Justice Chandra Prakash Singh 

Trial court records withheld in Bihar, Supreme Court takes note of "incurable injustice" in a murder case, sets aside judgements by Justice Mohit Kumar Shah

In Sanjay Sah & Anr. vs. The State of Bihar & Ors. (2026), Supreme Court's Division Bench of Justices Sanjay Kumar and K. Vinod Chandran passed a 10-page long order dated February 12, 2026, wherein, it concluded:"....we are of the opinion that incurable injustice was done to the appellants in the course of their examination under Sections 313 of the Code, as no specific questions were put to them apropos each piece of incriminating evidence adduced against them. The judgments of the trial court based on such inadequate examination of the accused, therefore, cannot be sustained. The High Court was also in error in overlooking this crucial aspect and in confirming the conviction and sentences visited upon the appellants. We, accordingly, set aside the judgments passed by the High Court and also the judgments of conviction and the orders of sentence passed by the learned VIII Additional Sessions Judge, East Champaran at Motihari, Bihar, in Sessions Trial Nos. 403/2009 and 936/2007 (both arising out of FIR/Case No. 15/2007 dated 25.01.2007 registered with Police Station–Adapur, District–East Champaran, Bihar) Sessions Trial Nos. 403/2009 and 936/2007 shall stand restored on the file of the learned VIII Additional Sessions Judge, East Champaran at Motihari, Bihar, to enable fresh examination of the accused under Section 313 of the Code strictly in accordance with the legal parameters applicable thereto. As we are informed that the appellants were on bail, prior to their conviction and sentencing, they would be entitled to the same relief pending the fresh exercise to be undertaken by the trial court. The appeals are, accordingly, allowed in the aforestated terms. The appellants shall be released on bail on such appropriate terms and conditions as may be fixed by the trial court, pending the exercise to be undertaken by the trial court pursuant to this order. Pending application(s), if any, shall stand disposed of." The Appellant no. 2 was Awadhesh Kumar Gupta @Awadhesh Sah. The private Respondents were: Ram Sevak Sah, Ashok Sah, Madan Sah and  Srilal Sah. The tagged matters included Ram Sevak Sah vs. The State of Bihar and Mahanth Sah vs. The State of Bihar.

Although Supreme Court had directed the Registry to requisition the trial court records, being of the opinion that the aforestated judgments warranted interference, the Court records that "trial court records have not yet been received. Instead of awaiting receipt of the records, we deem it appropriate to resort to the alternative that is available to us, that is, to remit the matter to the trial court instead of undertaking adjudication of these appeals on merit." On January 21, 2026, the Court had ordered: "Registry shall requisition the trial court records at the earliest and undertake translation of documents in vernacular, if any. E-copies of the trial court records, once received, shall be furnished to the learned counsel for the parties." 

Earlier, on  September 2, 2025, Court's Division Bench of Justices Kumar and Alok Aradhe had passed an order which recorded that the counsel for the State of Bihar had sought "some time to examine whether there was a separate examination by the trial Court under Section 313 of the Code of Criminal Procedure, 19731, and if so, file a copy thereof. Registry may also call for the record of the examination of the accused under Section 313 of the Cr.P.C., if any, from the trial Court/High Court." In its order dated November 12, 2025, the Court recorded that Azmat Hayat Amanullah, counsel for the State of Bihar was present in the Court. "The learned counsel states that it would not be necessary to file a counter affidavit in this matter."

These appeals arose out of the 56-page long judgment dated March 6, 2025 passed by the Patna High Court's Division Bench of Justices Mohit Kumar Shah and Nani Tagia in Ram Sevak Shah & Ors. vs. State of Bihar (2026), and 58-page long judgement in Laxman Sah & Ors. vs. State of Bihar (2026), confirming the conviction and the sentences visited upon the appellants, vide judgments dated August 27, 2016 and September 2, 2016, passed by the learned VIII Additional Sessions Judge, East Champaran at Motihari, Bihar, in Sessions Trial Nos. 403/2009 and 936/2007 (both arising out of FIR/Case No. 15/2007 dated January 25, 2007 registered with Police Station – Adapur, District – East Champaran, Bihar). The trial court had convicted the appellants under Sections 302, 147 and 149 of the Indian Penal Code, 1860, and sentenced them to life imprisonment along with payment of fines. Both the High Court's judgements of the Division Bench were authored by Justice Shah. In the former Sanjay Sah, Awadhesh Sah, Ashok Sah, Madan Sah and Srilal Sah were the appellants besides Ram Sevak Shah. In the latter Inar Sah, Vijay Sah Son, Ajay Sah, Mahanth Sah and Ramekbal Sah were the appellants besides Laxman Sah.   

In the penultimate paragraph of his judgement in both Ram Sevak Shah case and Laxman Sah case, Justice Shah had concluded:"Considering the facts and circumstances of the present case and the evidence, which has been brought on record to prove the allegations levelled against the appellants beyond pale of any reasonable doubt as well as considering the credibility and trustworthiness of the evidence of the prosecution, which has not been discredited during the course of cross-examination coupled with the postmortem report and for the reasons mentioned hereinabove, we find that there is no reason to create any doubt in our minds. We have examined the materials available on record and do not find any apparent error in the impugned judgment of conviction and order of sentence, hence, the same does not require any interference." 

The order reads: "We find from the material placed on record by the learned counsel for the appellants that the examination of the accused under Section 313 of the Code of Criminal Procedure Code, 19731, was brief to the point of being cryptic and was limited to just three questions. The first question was as to whether the accused had heard the statement of the witnesses. The second question was as follows:- “There is an allegation against you that on 24th February 2007 at 06.30 A.M., in village Harpur, police station Harpur, district East 1 For short “the Code”Champaran, you along with other accused for the fulfillment of a common purpose, killed Shivnath Shah, brother of Suresh Prasad, the complainant in this Case, by hitting with sticks, what do you have to say in this regard?” The third question was as to whether the accused had something to say in his defence. The aforestated three questions were posed to one of the accused/appellants, namely, Mahanth Sah. However, the same format was adopted for examination of the remaining accused. This is not in dispute. Needless to state, the aforestated casual examination of the accused falls woefully short of the required standard, as stipulated by law. This Court has emphasized this point, time and again." 

The Court referred to the recent judgment of the Supreme Court in Ashok vs. State of Uttar Pradesh (2025) 2 SCC 385. Therein, a 3-Judge Bench of the Court observed that it is the duty of the public prosecutor to assist the trial court in recording the statement of the accused under Section 313 of the Code; if the court omits to put any material circumstances brought on record against the accused, the public prosecutor must bring it to the notice of the court while the examination of the accused is being recorded; he must assist the court in framing the questions to be put to the accused; and as it is the duty of the public prosecutor to ensure that those who are guilty of the commission of offence must be punished, it is also his duty to ensure that there are no infirmities in the conduct of the trial, which will cause prejudice to the accused. 

The Court recollected its earlier decision by a 3-Judge Bench in Shivaji Sahabrao Bobade vs. State of Maharashtra”(1973) 2 SCC 793, wherein the in pari materia provision in the erstwhile Code was under consideration and it was observed that great care is expected of Sessions Judges, who try grave cases to collect every incriminating circumstance and put it to the accused. 

 

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Supreme Court reverses anticipatory bail rejection order by Justice Anjani Kumar Sharan in a case from Khagaria

In Abhinav Pandey vs. The State of Bihar (2025), Supreme Court's Division Bench of Justices Prashant Kumar Mishra and Vipul M. Pancholi passed an order dated September 8, 2025, wherein, bail was granted to the petitioner. The order reads: "In the meanwhile, in the event of arrest of the petitioner, he shall be released on bail in connection with the FIR No. 1019 of 2021, registered with Police Station-Mufassil, District-Khagaria, Bihar, if not required in any other case, subject to the satisfaction of the Arresting officer/ Trial Court. 

In his order dated February 7, 2025, Justice Anjani Kumar Sharan of Patna High Court had denied anticipatory bail to the petitioner. The petitioner had approached the High Court as he apprehende his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 147 read with section 120B of Indian Penal Code. 

Earlier also the anticipatory bail application of the petitioner had filed before this Court in Cr. Misc. No. 5565 of 2023 but he had withdrawn and the anticipatory bail application of the petitioner was dismissed with a liberty to surrender before the court below and seek regular bail. Justice Sharan had observed: "Now, the petitioner had not surrendered before the court below and filed the second anticipatory bail application on the new ground. Considering the aforesaid fact, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this application is dismissed.". Supreme Court has reversed this order.