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Patna High Court

Prince Kumar @ ShubhamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the appeal and granted bail to the appellant.

Summary

Prince Kumar was charged under Sections 302, 120B, 34 of the IPC, Section 27 of the Arms Act and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act for allegedly murdering the father of an informant over a property dispute. The Special Judge rejected his regular bail application, prompting an appeal to the Patna High Court. The appellant argued that the FIR was based solely on the informant’s allegations, with no eyewitness testimony or direct evidence linking him to the crime, and that no caste-based abuse was alleged. The State opposed bail, emphasizing the seriousness of the offences. The High Court, considering the lack of substantive evidence and the length of pre‑trial detention, set aside the lower court’s order and granted bail on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the appellant is entitled to bail despite being charged with murder, conspiracy and offences under the Arms Act and SC/ST (Prevention of Atrocities) Act.
  • Whether the evidence on record, primarily the informant’s allegations, suffices to justify denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • SC/ST Act
  • scheduled caste atrocities
  • Indian Penal Code
  • Arms Act
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3246 of 2025
                      Arising Out of PS. Case No.-80 Year-2024 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Prince Kumar @ Shubham S/o Upendar Singh R/o Village- Rukhi, PS-
                 Chandi, District- Nalanda, At present Mohalla - Ashiyana More, Raja Bazar,
                 P.S.- Shastri Nagar, Distt.- Patna,

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Suraj Kumar S/o Late Mahesh Mochi R/o vill - Mamrejpur, P.S.- Naubatpur,
                 Distt. - Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Gopal Govind Mishra, Advocate
                 For the Respondent/s    :       Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   22-01-2026                     Despite valid service of notice, none appears on

                   behalf of the respondent no. 2.

                               2. Heard learned counsel for the appellant and the

                   State.

                               3. This appeal has been filed against the order dated

                   21.05.2025 passed by learned Exclusive Special Judge, SC/ST

                   Act, Civil Court (Sadar), Patna in connection with Special Case

                   No. 71 of 2025, arising out of Naubatpur P.S. Case No. 80 of

                   2024 registered under Sections 302, 120B, 34 of the Indian

                   Penal Code, Section 27 of the Arms Act and Section 3(2)(v) of

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, whereby the prayer for regular bail of appellant
Patna High Court CR. APP (SJ) No.3246 of 2025(4) dt.22-01-2026
                                             2/3




          has been rejected.

                       4. As per prosecution case, informant suspects that

          this appellant, along with other accused persons, killed his

          father. Informant alleges that his father had love affair with co-

          accused Geeta Devi, who happens to be mother of this appellant

          and had lodged a case against father of informant in which

          father of informant was behind the bar and on the basis of

          compromise, father of informant came out of jail and as per

          settlement, co-accused Geeta Devi was given a new house but

          thereafter, Geeta Devi and her sons, including this appellant,

          demanded Rs. 11,00,000/- and also threatened to kill father of

          informant.

                       5. Learned counsel for the appellant submits that from

          bare perusal of the F.I.R. it is apparent that informant is not an

          eye witness of the occurrence and due of old dispute, suspicion

          has been raised against the appellant. During course of

          investigation, none of the witnesses have claimed to have seen

          the occurrence or seen this appellant committing the offence.

          There is no allegation of abuse by caste name against the

          appellant. Appellant is in custody since 28.08.2024. Charge-

          sheet has already been submitted.

                       6. Learned Spl. Public Prosecutor for the State
              Patna High Court CR. APP (SJ) No.3246 of 2025(4) dt.22-01-2026
                                                           3/3




                        vehemently opposed the bail application.

                                     7. Considering the nature of accusation and period of

                        custody, this Court sets aside the impugned order and directs the

                        release of above named appellant on bail on furnishing bail-

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of learned Exclusive Special

                        Judge, SC/ST Act, Civil Court (Sadar), Patna in connection with

                        Special Case No. 71 of 2025, arising out of Naubatpur P.S. Case

                        No. 80 of 2024.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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