Patna High Court
Prince Kumar @ ShubhamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
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
Checking your session…