Patna High Court
Anth Kumar @ Ananth Kumar @ Anant Kumar @ Anand KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed; the lower court’s order denying bail is set aside and the appellant is released on bail.
Summary
Anth Kumar was arrested in connection with the murder of Rajesh Kumar, alleged to have been committed by co‑accused Prince Kumar. The prosecution alleged that Kumar participated in the killing, but the post‑mortem report did not show injuries from a sharp‑edged weapon and the only link was a co‑accused’s confession. Kumar had been in custody since 5 October 2024 and his earlier bail application was rejected. On a second bail appeal, the Patna High Court noted the prolonged pre‑trial detention, lack of compelling evidence, and the appellant’s clean record, and therefore set aside the lower court’s order refusing bail. The court directed his release on bail with a bond of Rs 10,000 and two sureties, emphasizing that the observations were only prima facie for the bail matter.
Issues considered
- What is the appropriate consideration for granting bail when there is a significant delay in trial and limited evidentiary support?
- Does the alleged involvement under the SC/ST Act and B.N.S. 2023 preclude bail in the circumstances presented?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- pre‑trial detention
- delay in trial
- murder
- SC/ST Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.114 of 2026
Arising Out of PS. Case No.-321 Year-2024 Thana- BALIYA District- Begusarai
======================================================
Anth Kumar @ Ananth Kumar @ Anant Kumar @ Anand Kumar S/o Shibu
Mahto @ Sibu Mahto R/o Village- Shastri Nagar, Bari Ballia Uttri, PS-
Ballia, District- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Naresh Paswan S/o Late Sonelal Paswan R/o vill - Singhaul (Singhoul),
ward no. 1, P.s.- Ballia (Baliya), Distt.- Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sandip Kumar Gautam
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 02-04-2026 Heard learned counsel for the appellant, and learned
Special Public Prosecutor for the State.
2. This is the 2nd attempt on behalf of the appellant for
bail. Earlier the appeal was rejected by a co-ordinate Bench of
this Court on 15.05.2025 in Cr. Appeal (SJ) No. 895 of 2025.
3. The present appeal has been filed by the appellant
against the order dated 28.11.2025 passed by the Exclusive
Special Judge, SC/ST Act, Begusarai in connection with Ballia
(Baliya) P.S. Case No. 321 of 2024, registered under Sections
103(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)
(r)(s) and 3(2)(va) of the SC/ST Act, whereby the prayer for bail
of the appellant was rejected.
4. As per the prosecution case, on 01.10.2024, at
about 7 o'clock in the evening, the co-accused, Prince Kumar,
Patna High Court CR. APP (SJ) No.114 of 2026(4) dt.02-04-2026
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had taken away the informant's son, namely Rajesh Kumar @
Dimpal, in the name of Sata. On 02.10.2024, the dead body of
his son, Rajesh Kumar @ Dimpal, was recovered by the police
from Husaina Nakta Bahiyar under Ballia Police Station. The
police posted a photo of the dead body on social media. The
informant then went to the police station and identified the dead
body. The informant has alleged that his son, Rajesh Kumar @
Dimpal, was murdered by Prince Kumar, who then disposed of
the body.
5. Learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated in this
case. He further submits that it has come during the
investigation that the appellant has also participated in the crime
and he is said to have cut the neck of the deceased with a sharp-
edged weapon. The post-mortem report does not support the
allegation against the appellant as there is no external caused by
any sharp-edged weapon moreover the name of the appellant
has come in the case on the confessional statement of the co-
accused. It is also submitted that the appellant is in custody
since 05.10.2024 and has no prior criminal antecedents.
6. Learned Spl. P.P. for the State and the learned
counsel for the informant have opposed the grant of bail.
7. I have considered the submissions of the parties and
Patna High Court CR. APP (SJ) No.114 of 2026(4) dt.02-04-2026
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perused the records of the case. The trial is delayed though the
appellant is in custody since 05.10.2024. Considering the delay
in the trial and the period of custody, the appeal is allowed.
Consequently, the order dated 28.11.2025 passed by the
Exclusive Speical Judge, SC/ST Act, Begusarai in connection
with Ballia (Baliya) P.S. Case No. 321 of 2024 is hereby set
aside.
8. Accordingly, the appellant is directed to be released
on bail upon furnishing a bail bonds of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Ballia (Baliya) P.S.
Case No. 321 of 2024.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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