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Patna High Court

Sujit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted to the appellant.

Summary

The appellant Sujit Kumar was charged under several provisions of the B.N.S., the Arms Act and the SC/ST (POA) Act for allegedly firing at an informant’s house and using caste‑based abuse on 15 June 2025. He contended that he was falsely implicated, that the allegations were vague, no specific abusive words or injuries were proved, and that a compromise petition had been filed. The State opposed his bail application. The High Court, noting the absence of any specific overt act attributable to the appellant and the existence of a compromise, held that bail could be granted. Consequently, the court set aside the Special Judge’s order refusing bail and directed that the appellant be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The appeal was allowed.

Issues considered

  • Whether bail should be granted to the appellant under Sections 126(2), 115(2), 352, 109, 3(5) of the B.N.S., Sections 25(1)-B)a/26/27 of the Arms Act and Sections 3(1)(r), 3(1)(s), 3(2)(v) of the SC/ST (POA) Act given the nature of the allegations.
  • Whether the lack of specific overt act and the filing of a compromise petition justify the grant of bail.

Legislation cited

  • Arms Act — s. 25(1)-B)a, 26, 27
  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 352

Subjects

  • bail
  • SC/ST (POA) Act
  • Arms Act
  • false implication
  • compromise petition
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4066 of 2025
                         Arising Out of PS. Case No.-136 Year-2025 Thana- DELHA District- Gaya
                 ======================================================
                 Sujit Kumar S/o Jitendra Prasad R/o Village / Mohalla - Kharkhura Tarwana,
                 P.S - Delha, District - Gaya

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Sonamati Devi W/o Shrawan Manjhi R/o Village - Kharkhura Tarwana, P.S -
                 Delha, District - Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Vinod Kumar, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   28-01-2026                    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 27.08.2025 passed by learned Special

                   Judge Exclusive, SC/ST (POA) Court, Gaya whereby the prayer

                   for bail of the appellant in connection with B.P. No. 2978 of

                   2025 arising out of Delha P.S. Case No. 136 of 2025 under

                   Sections 126(2), 115(2), 352, 109, 3(5) of B.N.S., Section 25(1-

                   B)a/26/27 of the Arms Act and Sections 3(1)(r), 3(1)(s), 3(2)(v)

                   of SC/ST (POA) Act was rejected.

                               3. The case of the prosecution in short is that on

                   15.06.2025 at about 08:10 PM, the informant was sitting near
Patna High Court CR. APP (SJ) No.4066 of 2025(3) dt.28-01-2026
                                             2/3




          her house. It is alleged that the appellant, along with others

          accused, went there and started firing at the house of the

          informant. One shot was fired at the main gate of Munnu

          Manjhi. It is further alleged that the appellant and others abused

          with caste name. One accused, namely, Gopal Kumar, has

          received injuries in the course of running.

                       4. It is submitted by learned counsel for the appellant

          that appellant has been falsely implicated in this case. Learned

          counsel for the appellant submits that from perusal of the case

          of the informant, it is clear that the nature of the allegation is

          general and omnibus. He also submits that no words are

          indicated with which the appellant was abused, and moreover,

          nobody has received any injury. He further submits that with the

          help of well-wishers, good sense has prevailed between the

          parties, and they have filed a compromise petition in the learned

          trial court. Moreover, the appellant is languishing in judicial

          custody since 04.07.2025.

                       5. The appeal for bail is opposed by learned Spl. P.P.

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration that there is no any specific overt act

          against the appellant, the Court is inclined to allow this appeal.
           Patna High Court CR. APP (SJ) No.4066 of 2025(3) dt.28-01-2026
                                                        3/3




                     Accordingly, the appeal is allowed and the impugned order

                     dated 27.08.2025 is hereby set aside.

                                   7. The appellant is directed to be enlarged on bail in

                     connection with B.P. No. 2978 of 2025 arising out of Delha P.S.

                     Case No. 136 of 2025 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 Special Judge Exclusive,

                     SC/ST (POA) Court, Gaya.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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