Patna High Court
Pratik Kumar @ Pratik SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and bail is granted to the appellant.
Summary
The appellant, Pratik Kumar, was charged under the Bihar Narcotic Substances Act, 2023, the Arms Act and the SC/ST (Prevention of Atrocities) Act for allegedly firing at the respondent's son, an incident that the prosecution said involved two persons on a bike, one identified as Badal Kumar. The appellant contended that he was falsely implicated due to village politics and that the informant, examined as PW‑1, could not identify him, asserting that the evidence was merely a general allegation against Badal Yadav. He also highlighted his lack of prior criminal record and his continued judicial custody since 4 August 2025. The State opposed bail, alleging a compromise in the case. After hearing both sides, the High Court found the allegations against the appellant to be omnibus and, considering the lack of direct identification, allowed the appeal, set aside the lower court’s order denying bail, and directed that he be released on bail upon furnishing a bond with sureties. The order effectively grants bail to the appellant pending trial.
Issues considered
- Whether the appellant is entitled to bail despite the charges under the Bihar Narcotic Substances Act, 2023, the Arms Act and the SC/ST (Prevention of Atrocities) Act.
- Whether the evidence, particularly the informant’s testimony, sufficiently links the appellant to the alleged offence.
- Whether the alleged political victimisation and lack of prior criminal record warrant the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 109(2), 3(5), 61(2)
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- bail
- false implication
- political victimisation
- SC/ST Act
- Arms Act
- Narcotic law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1518 of 2026
Arising Out of PS. Case No.-807 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Pratik Kumar @ Pratik Sharma S/o Putul Kumar Sharma R/o Village - Badi
Patan Devi near Hamuman Mandir Gali, Police Station - Alamganj, District -
Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Parwati Devi W/o Viru Ram R/o Village - Belwarganj, Ambedkar Colony,
P.S. - Alamganj, Dist. - Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aryan Singh
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 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 07.03.2026 passed by learned Exclusive
Special Judge, SC/ST Act, Civil Court (Sadar) Patna whereby
the prayer for bail of the appellant in connection with Alamganj
P.S. Case no. 807 of 2025 under Sections 109(1), 109(2), 61(2)
and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act and
sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act was rejected.
3. The case of the respondent, in short, is that two
persons on a bike arrived, and one of them, namely, Badal
Patna High Court CR. APP (SJ) No.1518 of 2026(2) dt.07-05-2026
2/3
Kumar, fired at the son of the respondent.
4. It is submitted by learned counsel for the appellant
that the appellant has been falsely implicated in this case due to
village politics. He also submits that in this case, the main thrust
of the allegation is against Badal Yadav. He further submits that
in trial, the informant has been examined as PW-1, and in her
cross-examination, she has stated that she does not identify
Pratik Kumar, who is standing in the court, and he is not the
same Pratik whom he has disclosed before the police. He also
submits that this statement of the respondent completely
exonerates the appellant. Moreover, the appellant has got no
criminal antecedent and he is languishing in judicial custody
since 04.08.2025.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State and learned counsel for the informant and
submitted that parties have compromised the case.
6. Having heard learned counsel for the parties and
taking into consideration that there is general and omnibus
allegation against the appellant, the Court is inclined to allow
this appeal. Accordingly, the appeal is allowed and the
impugned order dated 07.03.2026 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
Patna High Court CR. APP (SJ) No.1518 of 2026(2) dt.07-05-2026
3/3
connection with Special Case No. 442 of 2025/ Serial Case No.
355 of 2025 arising out of Alamganj P.S. Case No. 807 of 2025
on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge, SC/ST Act, Civil Court
(Sadar) Patna.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.