Patna High Court
Raushan Kumar @ Raushan SharmaversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court allowed bail to the appellant, finding no specific overt act or caste-based allegation against him and setting aside the lower court’s denial of bail.
Summary
The appellant, Raushan Kumar, was charged under IPC sections 307, 302 and 34, Arms Act section 27 and SC/ST Act section 3(2)(v) for a murder incident in Bahadurpur. The trial court denied his bail application, holding that the charges were serious. On appeal, the appellant argued that he was falsely implicated, that the FIR only implicated another accused for firing, and that there was no allegation of caste-based abuse against him. The court noted that no specific overt act of firing or caste abuse was attributed to the appellant and that co‑accused had been granted bail in similar circumstances. Consequently, the High Court set aside the trial court’s order, allowed the appeal and directed that the appellant be released on bail upon furnishing a bond with sureties.
Issues considered
- Whether bail should be granted to the appellant despite charges of murder, attempt to murder, common intention and offences under the Arms Act and SC/ST Act
- Whether the appellant can be said to have committed an overt act justifying denial of bail
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act are applicable to the appellant
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 34
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- murder
- attempt to murder
- common intention
- Arms Act
- SC/ST Act
- false implication
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2940 of 2025
Arising Out of PS. Case No.-320 Year-2018 Thana- BAHADURPUR District- Patna
======================================================
Raushan Kumar @ Raushan Sharma S/o Mukesh Singh R/o Village -
Pandarak, P.S.- Pandarak, Dist. - Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Amarjeet Manjhi S/o Late Shankar Manjhi R/o Vill.- Darsa Chapra, P.S. -
Udwantnagar, Dist.- Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ramji Kumar, Advocate
Mr. Pratik Kumar, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 21-01-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 20.06.2025 passed by learned Exclusive
Special Judge, SC/ST Act, Civil Court (Sadar), Patna whereby
the prayer for bail of the appellant in connection with
Bahadurpur P.S. Case no. 320 of 2018 under Sections 307, 302
and 34 of the Indian Penal Code and Section 27 of the Arms Act
and Sections 3(2) (v) of SC/ST Act was rejected.
3. The case of the prosecution is that the complainant
and his friends have gone to have tea. The appellant along with
others was already present there. It is stated that Pandit Manjhi
Patna High Court CR. APP (SJ) No.2940 of 2025(4) dt.21-01-2026
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was having lathi. On seeing him with lathi, Shivam fired at
him. It is further alleged that Raushan, Balbant and Avinash
Caught Balma Manjhi and Shivam again fired at him. Both the
injured were brought to the hospital where Balma Manjhi died
during treatment.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. From
perusal of the FIR, it is clear that the allegation of firing is on
Shivam. As far as this appellant is concerned, only allegation
against him is that he along with Balwant and Avinash had
caught the deceased. Learned counsel for the appellant has
submitted that Shivam and Avinash have already been granted
bail by learned co-ordinate Bench of this Court vide Cr. App(SJ)
Nos. 240 of 2025 and 624 of 2025 respectively. The case of this
appellant stands on similar to that Avinash and better than
Shiva @ Shivam. It has also been submitted that there is no
allegation of abusing the complainant with caste name, as such,
the allegation under SC/ST has not attracted. Moreover, the
appellant is languishing in judicial custody since 09.05.2025.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. APP (SJ) No.2940 of 2025(4) dt.21-01-2026
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taking into consideration that there is no any specific overt act
against the appellant, the Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and the impugned order
dated 20.06.2025 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Bahadurpur P.S. Case No. 320 of 2018 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)
Shubham/-
U T
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