Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the Special Judge’s order and granted bail to the appellants.
Summary
The appellants, Prince Kumar and Ravi Shankar Bhagat, appealed against the Special Judge’s order rejecting their regular bail application in a case involving serious offences under the Bharatiya Nyaya Sanhita, the Arms Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the appellants, along with others, attacked a medicine shop, fired weapons, caused a death, and used caste slurs. The defence argued that the incident stemmed from a land‑boundary dispute and that no specific overt act was alleged against the appellants. After hearing both sides, the Patna High Court set aside the lower court’s order, finding that the bail denial was not justified given the nature of the accusations and the period of custody. The court directed that the appellants be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each.
Issues considered
- Whether the appellants are entitled to regular bail despite charges of murder, assault and caste‑based offences under the SC/ST Act.
- Whether the prosecution’s evidence sufficiently links the appellants to the alleged violent acts.
- Whether the nature of the alleged offences warrants denial of bail under the Bharatiya Nyaya Sanhita and related statutes.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i)(r)(s)
Subjects
- bail
- criminal procedure
- SC/ST Act
- Arms Act
- murder
- assault
- caste violence
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4017 of 2025
Arising Out of PS. Case No.-334 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
1. Prince Kumar S/O Ashok Bhagat R/O Village- Koiriya Nizamat, P.S- Paru,
Distt.- Muzaffarpur (Bihar).
2. Ravi Shankar Bhagat S/O Shambhu Bhagat R/O Village- Koiriya Nizamat,
P.S- Paru, Distt.- Muzaffarpur (Bihar).
... ... appellants/s
Versus
1. The State of Bihar
2. Dilip Kumar S/O Birendra Bhagat R/O Village- Koiriya Nizamat, P.S- Paru,
Distt.- Muzaffarpur (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the appellants/s : Mr. Arun Kumar, Advocate
Ms. Gunjan Kumari, Advocate
For the State : Mr. Sadanand Paswan, Spl.P.P.
For Respondent No. 2 : Mr. Upendra Kumar Chaubey, Advocate
Mr. Awadhesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 22-01-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
29.08.2025 passed by learned Special Judge, SC/ST(POA) Act,
Muzaffarpur in connection with Paru P.S. Case No. 334 of 2025
registered under Sections 191(2), 191(3), 190, 126(2), 115(2),
109, 103(1), 352, 351(2), 351(3) of Bharatiya Nyaya Sanhita,
Section 27 of the Arms Act and Section 3(i)(r)(s) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
whereby the prayer for regular bail of appellants has been
Patna High Court CR. APP (SJ) No.4017 of 2025(5) dt.22-01-2026
2/3
rejected.
3. As per the prosecution case, while informant was at
his medicine shop, his brother Jitendra Kumar Bhagat came to
call him for dinner. He alleges that these appellants along with
other persons armed with weapons came to his medicine shop
and co-accused Arvind Bhagat abused and fired upon his
brother due to which he died and Shambhu Bhagat also fired
upon Jai Prakash Bhagat. He further alleged that Ashok Bhagat
fired at informant with an intention to kill. Mahesh Ram who is
Panch of Gram Panchayat was also attacked and abused by
taking caste name.
4. Learned counsel for the appellants submits that due
to land-boundary dispute between the parties, maar-peet took
place in which both sides sustained injuries. Case and counter
case. Specific accusation is against co-accused Shambhu Bhagat
and Ashok Bhagat. So far these appellants are concerned, there
is no allegation of any overt act against them. Appellants are in
custody since 24.06.2025. Charge-sheet has already been
submitted.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
Patna High Court CR. APP (SJ) No.4017 of 2025(5) dt.22-01-2026
3/3
6. Considering the nature of accusation and period of
custody, this Court sets aside the impugned order and directs the
release of above named appellants on bail on furnishing bail-
bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Special
Judge, SC/ST(POA) Act, Muzaffarpur in connection with Paru
P.S. Case No. 334 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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