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Patna High Court

Vikash Kumar @ Vivek MuskanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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