Patna High Court
Kumar GauravversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal is dismissed; anticipatory bail is not granted.
Summary
The appellant, Kumar Gaurav, appealed against the Special Judge's order rejecting his anticipatory bail application in a murder case where the son of informant Munarik Paswan was stabbed and later died. The prosecution's case is based on the testimony of a co-accused, Ravi Kumar, alleging that the appellant delivered the fatal knife blow. The appellant contended that he was falsely implicated, that no caste-based insult occurred as required under the SC/ST Act, and that he has no prior criminal record. The State and the informant opposed bail, emphasizing the seriousness of the homicide and the alleged caste-related offence. The Patna High Court, considering the gravity of the offences under the Bharatiya Nyaya Sanhita and the SC/ST Act, declined to grant anticipatory bail and dismissed the appeal, while permitting the appellant to seek regular bail if he surrenders within six weeks.
Issues considered
- Whether anticipatory bail can be granted under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in the present murder case.
- Whether the alleged conduct amounts to an offence under Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
- Whether the evidence, primarily a co-accused's confession, is sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- anticipatory bail
- murder
- SC/ST Act
- caste based offence
- bail refusal
- criminal procedure
- co-accused confession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1877 of 2025
Arising Out of PS. Case No.-159 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali
======================================================
Kumar Gaurav S/O Ramji Prasad Mehta Resident of Mohalla- Kumhrar, P.S-
Agamkuan, District- Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Munarik Paswan S/O Late Ram Eqbal Paswan R/O Village- Medhpur
Singhara, P.S- Mahua, Distt.- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pranav Kumar Jha, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 19-02-2026 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 15.04.2025 passed by learned Special
Judge, SC/ST, Vaishali at Hajipur whereby the prayer for
anticipatory bail of the appellant in connection with Hajipur
Industrial P.S. Case No. 159 of 2024 under Sections 103, 3(5) of
the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)
(s), 3(2)(v) of SC/ST Act was rejected.
3. The prosecution case, in short, is that the
informant’s son was attacked by the appellant with a knife near
Patna High Court CR. APP (SJ) No.1877 of 2025(5) dt.19-02-2026
2/3
Paswan Chowk, Hajipur by the appellant. Later, the injured was
brought to the hospital where he was declared dead.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in the present case. The
name of the appellant has transpired on the basis of confessional
statement of co-accused namely Ravi Kumar. Learned counsel
for the appellant further submits that the appellant has not taken
the caste name of the informant in public view, hence, no
offence under the provisions of SC/ST Act is made out against
him. The appellant has no intention to disgrace the image of the
informant in public view. The appellant has no criminal
antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant, stating that there is specific accusation of giving knife
blow on the informant’s son due to which he died and therefore,
the appellant does not deserve the privilege of anticipatory bail.
6. Considering the aforesaid facts and circumstances
of the case as also nature and gravity of offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, the present appeal is dismissed.
8. However, if the appellant surrenders before the
Patna High Court CR. APP (SJ) No.1877 of 2025(5) dt.19-02-2026
3/3
learned court below within a period of six weeks from today and
prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…