Patna High Court
Om Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is entitled to bail on condition.
Summary
The appellant, Om Prakash Kumar, was charged under IPC sections 365, 302, 394, 120B and 34, and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act for the murder of a sand‑truck driver. The Special Judge had rejected his bail application, relying mainly on a confessional statement of a co‑accused, Subodh Mahto. The appellant contended that he was falsely implicated, had no prior criminal record, and that a similarly situated co‑accused, Ranjeet Kumar, had been granted bail in a related case. The State opposed the bail. After hearing both sides, the Patna High Court set aside the lower court’s order, allowed the appeal, and directed that the appellant be released on bail upon furnishing a Rs.10,000 bond with two sureties.
Issues considered
- Whether the appellant is entitled to bail despite the serious nature of the offences charged under the IPC and the SC/ST Act.
- Whether the confessional statement of a co‑accused alone suffices to deny bail.
- Whether the grant of bail to a similarly situated co‑accused influences the bail decision for the appellant.
Legislation cited
- Indian Penal Code — s. 120B, 302, 34, 365, 394
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- murder
- IPC
- SC/ST Act
- confessional statement
- judicial custody
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3207 of 2025
Arising Out of PS. Case No.-11 Year-2024 Thana- KARJA District- Muzaffarpur
======================================================
Om Prakash Kumar, Son of Teras Sahni, Resident of Village - Pokhraira, PS -
Jaitpur, Dist. - Muzaffarpur, Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Renu Devi, W/o Late Shiv Mangal Paswan, Resident of Village - Mansurpur
Chamrua, P.S. - Karja, Dist. - Muzaffarpur, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anuj Kumar Shrivastav, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 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 05.05.2025 passed by learned Special
Judge, SC/ST (POA) Act, Muzzaffarpur whereby the prayer for
bail of the appellant in connection with Karja P.S. Case No. 11
of 2024 under Sections 365, 302, 394, 120B and 34 of the
Indian Penal Code and Sections 3(2)(v) of SC/ST (Prevention of
Atrocities) Act was rejected.
3. The case of the prosecution, in short, is that the
respondent has alleged that her husband got a call from mobile
no.7870218377 regarding purchase of sand who disclosed his
Patna High Court CR. APP (SJ) No.3207 of 2025(3) dt.21-01-2026
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name as Ramesh Mandal and on his call, the husband of the
respondent went with the loaded truck with sand but did not
return. His dead body was recovered on the same day.
4. It is submitted by learned counsel for the appellant
that appellant is innocent and he has been falsely implicated in
this case. His name is not there in the F.I.R. rather his name has
surfaced in this case during investigation in the confessional
statement of co-accused Subodh Mahto. It has further been
submitted by learned counsel for the appellant that save and
except the confessional statement of co-accused, there is
nothing against the appellant and there is no allegation against
him that he has called the deceased or his wife with caste name.
It has also been submitted that similarly situated co-accused
Ranjeet Kumar has been granted bail by learned Co-ordinate
Bench vide Cr. Appeal(SJ) No. 5276 of 2024. The case of this
appellant stands on similar footing. The appellant is having no
criminal antecedent and he is languishing in judicial custody
since 17.01.2025.
5. The appeal for bail is vehemently opposed by
learned Spl. P.P. for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
Patna High Court CR. APP (SJ) No.3207 of 2025(3) dt.21-01-2026
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inclined to allow this appeal. Accordingly, the appeal is allowed
and the impugned order dated dated 05.05.2025 passed in
connection with Karja P.S. Case No. 11 of 2024 is hereby set
aside.
7. The appellant is directed to be enlarged on bail in
connection with Karja P.S. Case No. 11 of 2024 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
learned Special Judge, SC/ST (POA) Act, Muzzaffarpur.
(Ashok Kumar Pandey, J)
lata/-
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