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Patna High Court

Shiv Kumar @ Shivji KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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/-

U


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