Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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
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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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