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Patna High Court

Murari KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The appellate court affirmed the lower court's refusal of bail, dismissing the appeal.

Summary

The appellant, Murari Kumar, appealed against the refusal of regular bail in a case involving the murder of a young man, alleged to have been committed with firearms and motivated by caste-based animus. The trial court had denied bail under Section 14(A)(2) of the SC/ST (POA) Act, relying on the appellant's confession and statements of co‑accused linking him to the crime, as well as the recovery of the weapon from a co‑accused's house. The appellant argued that he had a clean antecedent, was initially not named in the FIR, and that the only incriminating material was his own confessional statement and that of other accused. The State and the second respondent opposed bail, emphasizing the confession, corroborating statements, and the seriousness of the offences under the Bihar Narcotic Substances Act, Arms Act and the SC/ST (Prevention of Atrocities) Act. The High Court, after considering the material, found no merit in extending bail and affirmed the lower court's order, dismissing the appeal.

Issues considered

  • Whether the appellant is entitled to regular bail despite his confession and corroborating statements of co‑accused under Section 14(A)(2) of the SC/ST (POA) Act.
  • Whether the appellate court should set aside the lower court's refusal of bail in a case involving offences under the Bihar Narcotic Substances Act, Arms Act and the SC/ST (Prevention of Atrocities) Act.

Legislation cited

Subjects

  • regular bail
  • confession
  • caste based offence
  • SC/ST (POA) Act
  • Arms Act
  • Bihar Narcotic Substances Act
  • appeal
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.172 of 2026
                   Arising Out of PS. Case No.-377 Year-2025 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Murari Kumar Son of Manoj Kumar @ Manoj Kumar Sah Resident of
                 village- Kadrabad, Ward no. 03, ps- Bachhwara @ Bahhwara, Dist-
                 Begusarai,

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Parmanand Paswan son of Late Yogi Paswan Resident of village- Kadrabad,
                 Ward no. 03, ps- Bachhwara @ Bahhwara, Dist- Begusarai,

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Arvind Kumar, Advocate
                 For the Respondent/s   :        Ms. Usha Kumari 1, SPP
                 For the Responder No.2 :        Mr. Sunil Kumar Yadav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   18-06-2026                   Heard Mr. Arvind Kumar, learned counsel for the

                   appellant, Mr. Sunil Kumar Yadav, learned counsel appearing on

                   behalf of the Respondent No. 2 as well as Ms. Usha Kumari 1,

                   learned Spl.P.P. for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 15.10.2025

                   passed by the learned Court of Exclusive Judge SC/ST, (POA)

                   Act, Begusarai in connection with Bachhwara @ Bahhwara P.S.

                   Case No. 377 of 2025, F.I.R. dated 11.10.2025 registered under

                   Sections 103(2) and 3(5) of the BNS, 2023, Section 27 of the

                   Arms Act and Sections 3(2)(v) of the Scheduled Castes and

                   Scheduled Tribes Act (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.172 of 2026(4) dt.18-06-2026
                                             2/3




                       3. According to the prosecution case, the informant

          found the dead body of his son covered by gunshot injury on the

          back side of his head. Hence, he suspects and some unknown

          miscreants have killed his son due to some enmity.

                       4. Learned counsel for the appellant submits that

          appellant has clean antecedent and he has falsely been

          implicated in the present case. Initially the appellant was not

          named in the FIR and his name has been transpired during

          investigation on the basis of self confessional statement of the

          appellant. Apart from that other accused persons have also

          confessed that the appellant was involved in the present crime in

          question. Except the confessional statement of the appellant as

          well as other accused persons, nothing has come during

          investigation which suggest the involvement of the appellant in

          the present occurrence.

                       5. Learned Special Public Prosecutor for the State as

          well as learned counsel for the Respondent No. 2 on the basis of

          material available on record and the case diary have vehemently

          opposed the prayer for bail of the appellant and submits that the

          appellant has confessed his guilt in the present occurrence and

          apart from that, other accused persons have also stated that the

          appellant was involved in the present crime in question. Apart
            Patna High Court CR. APP (SJ) No.172 of 2026(4) dt.18-06-2026
                                                         3/3




                      from that, arms which were used in the present crime have been

                      recovered from the house of the co-accused persons.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, I am not inclined to enlarge the appellant on bail in

                      connection with Bachhwara @ Bahhwara P.S. Case No. 377 of

                      2025 pending in the Court of learned Exclusive Special Judge,

                      SC/ST (POA) Act, Begusarai.

                                   7. Accordingly, the impugned order is affirmed and

                      this appeal stands dismissed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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