Patna High Court
Vikash Kumar @ Vivek MuskanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and bail is granted to the appellant subject to a bond and sureties.
Summary
The appellant, Vikash Kumar, was charged with murder, criminal conspiracy, illegal possession of arms and an offence under the SC/ST Act after a firing incident at a dance program resulted in a death. The prosecution alleged that the appellant and others were holding weapons and that the deceased was shot, while the defence claimed the appellant was not present at the firing and was falsely implicated. The trial court denied bail, citing the seriousness of the charges and the appellant’s alleged proximity to the scene. On appeal, the Patna High Court examined whether the evidence justified continued detention and whether the SC/ST Act applied. Finding the prosecution’s case insufficient to deny bail and noting the appellant’s claim of innocence, the court set aside the lower court’s order and granted bail on condition of a bond and sureties. The appellant was ordered to be released on bail pending trial.
Issues considered
- Whether bail should be granted to the appellant pending trial for offences under Sections 302 and 34 of the IPC, Section 27 of the Arms Act and Section 3(2)(v) of the SC/ST Act.
- Whether the facts disclose a caste-based motive attracting the SC/ST Act.
- Whether the prosecution has established a prima facie case of murder and criminal conspiracy sufficient to justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act
- SC/ST Act
- criminal conspiracy
- caste violence
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3287 of 2025
Arising Out of PS. Case No.-126 Year-2024 Thana- PUNPUN District- Patna
======================================================
Vikash Kumar @ Vivek Muskan, S/o Late Pradip Ram, R/O Vill.- Dularpur,
P.S.- Punpun, Dist.- Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Malo Devi, W/O Late Rajnandan Das, R/O Vill.- Dularpur, P.S.- Punpun,
Dist.- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Deovind Kumar Singh, Advocate
Mr. Utpal Kant, Advocate
For the Respondent/s : Mrs.Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 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 Exclusive
Special Judge, SC/ST Act, Patna whereby the prayer for bail of
the appellant in connection with Punpun P.S. Case No. 126 of
2024 under Sections 302/34 of the I.P.C., Section 27 of the
Arms Act and Sections 3(2) (v) of SC/ST Act was rejected.
3. The case of the prosecution, in short, is that on
24.04.2024, during a dance programme at a reception party
hosted by Vikash Kumar, indiscriminate firing took place. The
respondent’s husband, who had attended the event, sustained a
Patna High Court CR. APP (SJ) No.3287 of 2025(5) dt.21-01-2026
2/3
gunshot injury on the head. Later on, his dead body was left at
his doorstep by the appellant and others. It is alleged that the
five persons, namely, Vikash Kumar, the appellant, Bandhan
Ram, Mukesh Ram, Subhash Ram and Sanjay Choudhary were
holding weapons at that time.
4. It is submitted by learned counsel for the appellant
that appellant is innocent and has committed no offence. He has
been falsely implicated in this case. From perusal of the F.I.R.
itself it is clear that the appellant and others brought the dead
body after treatment at the door of the respondent. It has further
been submitted that this shows they are bonafide. As per the
case of the prosecution, there was no intention to kill anybody. It
is only a case of harsh firing. As such, there is no case is made
out under Sections 302 and 34 of the I.P.C. It has further been
submitted that during investigation, it has come that at the time
of the occurrence, the appellant was not present there rather he
was busy in receiving the guests as he had hosted the reception
party. It has also been submitted that brother of the appellant,
namely, Bandhan Ram @ Ravi Kumar has been allowed appeal
by leaned Co-ordinate Bench vide Cr. Appeal (SJ) No. 1512 of
2025. It has also been submitted that as the deceased was invited
and there is no allegation of calling the deceased with caste
Patna High Court CR. APP (SJ) No.3287 of 2025(5) dt.21-01-2026
3/3
name, SC/ST Act is not attracted. The appellant is languishing
in judicial custody since 17.10.2024.
5. The appeal for bail is vehemently opposed by
learned Spl. P.P. for the State and has stated that the appellant
was near the stage holding a weapon.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to allow this appeal. Accordingly, the appeal is allowed
and the impugned order dated 05.05.2025 passed in connection
with Punpun P.S. Case No. 126 of 2024 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Punpun P.S. Case No. 126 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 Exclusive Special Judge, SC/ST Act, Patna.
(Ashok Kumar Pandey, J)
lata/-
U T
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