Patna High Court
Shiv Kumar @ Shivji KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court set aside the lower court's order and granted bail to the appellant.
Summary
The appellant, Shiv Kumar, appealed against the order of the Exclusive Special Judge that rejected his bail application in a case involving alleged caste-based assault and robbery under several sections of the BNS and the SC/ST (Prevention of Atrocities) Act. The appellant claimed innocence, asserting that the specific assault allegation pertained to another individual, Shubham Kumar. The State opposed bail, emphasizing the seriousness of the charges. After considering the facts and the nature of the allegations, the Patna High Court set aside the lower court's order and granted bail on condition of a Rs.10,000 bond with two sureties. Consequently, the appellant was ordered to be released on bail pending further trial.
Issues considered
- Whether bail should be granted to the appellant despite the grave charges under the BNS and SC/ST (POA) Act.
- Whether the allegations of caste-based assault and robbery are sufficiently substantiated against the appellant.
- Whether the lower court erred in rejecting the bail application.
Legislation cited
- BNS — s. 109, 115(2), 126(2), 303(2), 308(3), 3/3(5), 351(2), 352
Subjects
- bail
- SC/ST (POA) Act
- caste violence
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1463 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- Lakho District- Begusarai
======================================================
Shiv Kumar @ Shivji Kumar S/o Pashupati Singh R/o Village - Bhairwar, P.S
- Lakho, District - Begusarai
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Badal Kumar S/o Jogi Paswan R/o Village - Mainka, W. No. 13, P.S - Lakho,
District - Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Shubhesh Pandey
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-04-2026 Heard the parties.
2. The instant appeal has been filed by the appellant
against the order dated 12.03.2026 passed by the learned learned
Court of Exclusive Special Judge-SC/ST (POA) Act, Begusarai
whereby the bail application of the appellant in connection with
Lakho P.S. Case No. 185 of 2025 registered for the offence
under Sections 126(2), 115(2), 303(2), 308(3), 109, 352, 351(2),
3/3(5) of the BNS and under Sections 3(1)(r)(s), 3(2)(va) of
SC/ST (POA) Act, was rejected.
3. The appellant and others are said to have abused
the informant and his cousin brother by taking caste name and
have also assaulted them by Lathi, Danda and Road and a
Patna High Court CR. APP (SJ) No.1463 of 2026(2) dt.23-04-2026
2/2
golden chain was also snatched.
4. The appellant is in custody since 29.01.2026.
5. Learned counsel for the appellant has submitted
that the appellant is innocent and has falsely been implicated in
this case. He further submits that the specific allegation of
assault is against one Shubham Kumar and not the appellant.
6. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
7. Considering the facts of the case and also
considering the nature of allegation levelled against the
appellant, this application is allowed and accordingly, the order
dated 12.03.2026, is hereby set aside.
8. Let the appellant be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Lakho P.S.
Case No. 185 of 2025.
(Sandeep Kumar, J)
Vikas/-
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