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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             3/4




          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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