Patna High Court
Pampam Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and the order denying bail is set aside, directing the appellant to be released on bail.
Summary
The appellant, a beetle seller, was charged under multiple sections of the B.N.S., the Arms Act and the SC/ST (POA) Act for allegedly instigating two individuals not to move their bikes from his shop, after which they fired and injured an informant and another person. The Special Judge denied bail, leading the appellant to appeal. The prosecution argued that the appellant was part of a group creating terror, though no direct allegation of firing was made against him. The appellant contended that he was falsely implicated, with no evidence of him encouraging the shooting and that the caste abuse allegation was vague. After hearing both sides, the Patna High Court set aside the bail denial, allowing the appeal and directing that the appellant be released on bail upon furnishing a bond with two sureties.
Issues considered
- Whether the appellant's alleged act of instigating the accused to remain at his shop justifies continued judicial custody under the charged offences.
- Whether the lack of a specific allegation of the appellant encouraging the firing warrants grant of bail.
- Whether the caste-based abuse allegation, being general, is sufficient to deny bail.
Legislation cited
Subjects
- bail
- criminal procedure
- SC/ST (POA) Act
- Arms Act
- instigation
- caste-based offense
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4225 of 2025
Arising Out of PS. Case No.-294 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Pampam Kumar Singh Son of Bambam Kumar Singh Resident of Village -
Boriya Dih, P.S. - Bibhutipur, Dist. - Samastipur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Pankaj Kumar Son of Raj Kumar Paswan R/o Village - Boriya Dih, P.S. -
Bibhutipur, Dist. - Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raja Ram Mishra, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 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 12.09.2025 passed by learned Special
Judge, SC/ST (POA) Act, Samastipur whereby the prayer for
bail of the appellant in connection with Bibhutipur P.S. Case
No. 294 of 2025 under Sections 126(2), 115(2), 118(2), 109,
352, 351(2) of B.N.S., Section 25(1-B)a and 27 of the Arms Act
and Sections 3(1) (r) and 3(1)(s) of SC/ST (POA) Act was
rejected.
3. The case of the prosecution in short is that the
appellant is a beetle seller, and before his shop, Rahul Kumar
Patna High Court CR. APP (SJ) No.4225 of 2025(4) dt.28-01-2026
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and Bajrangi Sah have parked their bike, and they were smoking
a cigarette. The uncle of the informant, namely, Rajnath Paswan,
was honking his bike for removing the bikes of Rahul and
Bajrangi, but they were not removing their bikes. It is further
alleged that the appellant instigated Rahul and Bajrangi not to
remove their bike before his shop, as they are their regular
customers. It is further alleged that Rahul Kumar Rai and
Bajrangi started firing, and one of Rahul Kumar's shots hit the
informant in the cheek, and one Ram Lagan Paswan also
received gunshot injuries in his eye and head.
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 FIR, it
is clear that the only allegation against the appellant is that he
has instigated the main assailant not to remove their bike from
his shop; as such, there is no allegation against him that he has
instigated the assailant to fire. He also submits that as far as the
allegation of abusing with caste names is concerned, it is
general and omnibus in nature. There is no role of the appellant
in this case. He further submits that the appellant is languishing
in judicial custody since 19.07.2025.
5. The appeal for bail is vehemently opposed by the
Patna High Court CR. APP (SJ) No.4225 of 2025(4) dt.28-01-2026
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learned counsel for the informant and the learned Spl. P.P. for
the State. Learned counsel for the informant submits that there
is a group of the appellant and others who have created terror in
the area but has conceded that there is no specific allegation
against this appellant for firing on any person.
6. Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of the
case, the Court is inclined to allow this appeal. Accordingly, the
appeal is allowed and the impugned order dated 12.09.2025 is
hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Bibhutipur P.S. Case No. 294 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, SC/ST (POA) Act, Samastipur.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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