Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and bail is granted to the appellant.
Summary
Vishal Kumar appealed against the denial of bail by the Exclusive Special Judge under the SC/ST Act, Arms Act and the BNS for his alleged involvement in the murder of Vinay Kumar Das. The prosecution alleged that Kumar, along with co‑accused Monu and an unknown person, committed the murder, while the defence argued that Kumar was not named in the FIR and was only implicated through a co‑accused's confession, which exonerated him. The defence also contended that Kumar did not utter any caste‑based insult, so no offence under the SC/ST Act arose. The High Court found that there was no cogent material linking Kumar to the crime and that the period of his custody, coupled with the principle of parity, warranted bail. Consequently, the Court set aside the lower court’s order, allowed the appeal, and granted bail with specified conditions.
Issues considered
- Whether the appellant can be granted bail despite the pending charges under the SC/ST Act, Arms Act and BNS.
- Whether the appellant’s alleged conduct constitutes an offence under the SC/ST Act (caste insult).
- Whether the co‑accused’s confession is sufficient to implicate the appellant.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 126(2), 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- SC/ST Act
- Arms Act
- Bihar Narcotic Substances Act
- false implication
- caste insult
- murder
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4427 of 2025
Arising Out of PS. Case No.-889 Year-2024 Thana- PIRBAHOR District- Patna
======================================================
Vishal Kumar S/O Sri Rajesh Kumar Resident of Village- Kila Road,
Kemashiko, Patna City, P.S- Chowk, Distt.- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Sangita Devi W/O Vinay Kumar Das R/O Village- Lunduru, P.S- Ichak,
Distt.- Hazaribagh (Jharkhand).
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kumar Manglam, Advocate
For the State : Mr. Sadanand Paswan, SPP
For the Informant : Mr. Om Prakash Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 19-02-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State and learned counsel for the
informant. Perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 09.09.2025 passed by learned Exclusive
Special Judge, SC/ST Act, Patna whereby the prayer for bail of
the appellant in connection with Special Case No. 127 of 2025
arising out of Pirbahore P.S. Case No. 889 of 2024 instituted
under Sections 126(2), 103(1) & 3(5) of the BNS, Section 27 of
the Arms Act and Sections 3(1)(r)(s) & 3(2)(v) of SC/ST Act
was rejected.
3. The prosecution case, in short, is that the accused
Patna High Court CR. APP (SJ) No.4427 of 2025(4) dt.19-02-2026
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Monu and one unknown person, due to business rivalry,
committed the murder of Vinay Kumar Das by firing upon him
near PMCH, Patna.
4. Learned counsel for the appellant submitted that the
appellant has falsely been implicated in the present case.
Appellant is not named in the F.I.R. The name of the appellant
transpired in this case on the basis of confessional statement of
the co-accused. Learned counsel further submitted that during
investigation, co-accused Aman Kumar has confessed his guilt
and stated that he along with one Monu committed the murder
of the deceased. Learned counsel further submitted that as per
the statement of the co-accused Aman Kumar, the present
appellant is nowhere connected with the alleged occurrence.
Learned counsel for the appellant further submitted that the
appellant has not taken the caste name of the informant in public
view, hence, no offence under the provisions of SC/ST Act is
made out against him. The appellant has no intention to disgrace
the image of the informant in public view. The appellant is in
custody since 31.12.2024 and has one criminal antecedent.
Other co-accused has been granted bail by this Court vide order
dated 31.07.2025, passed in Cr. Appeal (SJ) No. 1185 of 2025.
5. Learned Special P.P. for the State and the informant
Patna High Court CR. APP (SJ) No.4427 of 2025(4) dt.19-02-2026
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have vehemently opposed the prayer for grant of bail to the
appellant stating that the accused persons including the
appellant committed the murder of the deceased.
6. Considering the aforesaid facts and circumstances of
the case, there being no cogent material against the appellant to
show his involvement in the alleged offence and the period of
custody undergone by the appellant as also claim based on
parity, this Court is inclined to allow this appeal. Accordingly,
the appeal is allowed and order dated 09.09.2025 passed by
learned Exclusive Special Judge, SC/ST Act, Patna in
connection with Special Case No. 127 of 2025 arising out of
Pirbahore P.S. Case No. 889 of 2024 is hereby set aside.
7. Let the appellant, abovenamed, be released on bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Special Case No.
127 of 2025 arising out of Pirbahore P.S. Case No. 889 of 2024,
subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the appellant.
(II) The appellant shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. APP (SJ) No.4427 of 2025(4) dt.19-02-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the appellant.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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