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Patna High Court

Raushan Kumar @ Raushan SharmaversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                         3/3




                      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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