Patna High Court
Ambuj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted because the identification by a hostile witness was unreliable and there was no other substantive evidence linking the appellant to the offences.
Summary
The appellant, Ambuj Kumar, was charged with murder, attempt to murder, conspiracy, and offences under the Arms Act and the SC/ST (Prevention of Atrocities) Act arising from a shooting incident in Majorganj. The trial court denied bail, relying on the identification of the appellant by a witness who later turned hostile and on confessional statements of co‑accused. On appeal, counsel highlighted that the hostile witness could not positively identify the appellant and that no independent evidence linked him to the crime, aside from the co‑accused statements. The State opposed bail, citing the seriousness of the offences and a prior criminal case. The High Court set aside the trial court’s order, held that the evidence was insufficient to justify continued detention, and granted bail on condition of a Rs 10,000 bond with two sureties. Consequently, the appeal was allowed and the appellant released on bail.
Issues considered
- Whether bail should be granted to an accused of murder and SC/ST offences when the primary identification evidence is from a hostile witness.
- Whether the confessional statements of co‑accused can be the sole basis for denial of bail.
- Whether the appellant’s prior criminal antecedent warrants refusal of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 307, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(r)(s)
Subjects
- bail
- murder
- SC/ST Act
- identification of accused
- hostile witness
- criminal antecedent
- IPC
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.230 of 2025
Arising Out of PS. Case No.-209 Year-2023 Thana- MAJORGANJ District- Sitamarhi
======================================================
Ambuj Kumar S/o- Bachcha Prasad Yadav @ Bacha Prasad Ray Resident of
Village- Belwa Prari, P.S.- Majorganj, Dist- Sitamarhi
... ... Appellant/s
Versus
1. The State of Bihar
2. Arvind Kumar Mehta S/o- Chhote Lal Mehta Village- Belwa Prari Ps-
Majorganj Dist- Sitamarhi
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar Jha, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 21-01-2026 Heard learned counsel for the appellant and learned
Spl. P.P. for the State.
2. Learned counsel for the appellant has submitted
that the appeal for bail of the appellant was earlier rejected by
the learned Co-ordinate Bench in Cr. Appeal (S.J.) No. 971 of
2024 vide order dated 02.05.2024.
3. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for bail vide order dated 17.12.2024 in Trial No.
263/2023 + 44/2024 passed by the learned 1st Additional
Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act,
Sitamarhi in connection with Majorganj P.S. Case No. 209 of
Patna High Court CR. APP (SJ) No.230 of 2025(5) dt.21-01-2026
2/4
2023 registered for the offences punishable under Sections 302,
307, 120B/34 of the Indian Penal Code, under Section 27 of the
Arms Act as well as Section 3(r)(s) of the SC/ST Act.
4. The case of the prosecution, in short, is that on
25.07.2023 at 13:30 P.M., the complainant lodged his complain
before police official of Majorganj P.S. that 15 days ago, co-
accused persons including the appellant came to the shop of the
complainant’s elder brother and threatened to kill him. On
24.07.2023, the complainant heard hulla that his brother has
been shot dead. The complainant ran to the shop and found his
brother smeared with blood due to firearm injuries on his head
and stomach. Another person in the shop Ram Pukar Paswan
also sustained firearm injury who disclosed that three miscreants
on a bike, who has covered their faces, came to the shop, one of
the miscreants who fired on the complainant’s brother was
unveiled and he was identified as the appellant. The
complainant’s brother was declared dead in the hospital. It is
further alleged that the appellant along with co-accused persons
and unknown miscreants under conspiracy, murdered
complainant’s brother and injured Ram Pukar Paswan.
5. Learned counsel for the appellant submits that in
this case during course of trial Ram Pukar Paswan has been
Patna High Court CR. APP (SJ) No.230 of 2025(5) dt.21-01-2026
3/4
examined as PW-1. His deposition has been placed at page-22
of the appeal for bail to the appellant as Annexure-P/3 and from
perusal of the examination-in-chief it is clear that he has stated
that as he has also received injuries, he was unconscious and he
could not see as to who has fired. He has clarified it and has
stated that he has not seen the occurrence through his eyes. This
witness has been declared hostile by the prosecution.
6. Learned counsel for the appellant has submitted
that Ram Pukar Paswan is the person who has identified this
appellant and during trial he has not supported his earlier
statement during investigation. It has further been submitted that
other co-accused persons have named this appellant during
investigation in their confessional statement. Save and except
the confessional statement of co-accused, there is nothing
against the appellant. Learned counsel for the appellant has
submitted that the petitioner is in judicial custody since
19.12.2023.
7. Learned Special Public Prosecutor for the State has
vehemently opposed the appeal for bail filed by the appellant
and has submitted that the appellant is having criminal
antecedent of one case.
8. In view of the submissions made by the learned
Patna High Court CR. APP (SJ) No.230 of 2025(5) dt.21-01-2026
4/4
counsel for the appellant, the order dated 17.12.2024 in Trial
No. 263/2023 + 44/2024 passed by the learned 1st Additional
Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act,
Sitamarhi in connection with Majorganj P.S. Case No. 209 of
2023 is hereby set aside and the appellant above-named, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned court of Additional
Sessions Judge-I-cum-Special Judge(SC/ST), Sitamarhi in
connection with Majorganj P.S. Case No. 209 of 2023.
9. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…