Patna High Court
Prince Kumar @ Prabhakar @ Prince Kumar Prabhakar @ Prabhakar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied bail to the appellant.
Summary
The appellant, Prince Kumar, was arrested in connection with a murder alleged to have been committed under Section 103(1) of the BNS read with Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. He applied for regular bail, contending that the only incriminating material was a confessional statement of a co‑accused, which he argued was unreliable, and that the post‑mortem report indicated death by hypoxia due to strangulation. The co‑accused had already been granted bail, and no charge had been formally framed against the appellant. The Special Public Prosecutor and the informant opposed bail, asserting that the appellant conspired in the murder. The High Court, after considering the submissions, declined to grant bail, noting the seriousness of the allegations and the absence of a charge sheet, but allowed the appellant to move for bail if charges are not framed within one year.
Issues considered
- Whether regular bail should be granted to the appellant pending trial under the SC/ST (Prevention of Atrocities) Act where the only evidence is a co‑accused's confessional statement and a post‑mortem report.
- Whether the non‑framing of charges to date justifies the grant of bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 103(1)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- SC/ST (Prevention of Atrocities) Act
- murder
- post‑mortem report
- confessional statement
- charge framing
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4572 of 2025
Arising Out of PS. Case No.-321 Year-2024 Thana- BALIYA District- Begusarai
======================================================
Prince Kumar @ Prabhakar @ Prince Kumar Prabhakar @ Prabhakar Kumar
S/o Ram Vilas Singh R/o Village - Tarbanna, P.S- Sahebpur Kamal, District -
Begusarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Naresh Paswan S/o Late Sonelal Paswan R/o Village - Singhaual, Ward No.
01, P.S - Singhaul, District - Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Priyanka Singh
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 18-02-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant.
2. The appellant seeks regular bail in connection with
Ballia P.S. Case No.321 of 2024 lodged for offences punishable
under Section 103(1) of the BNS read with Sections 3(1)(r)(s),
3(2)(v) of SC/ST (Prevention of Atrocities) Act pending before
the Court of Exclusive Special Judge SC/ST (POA) Act,
Begusarai.
3. The present appeal has been filed for setting aside
the order dated 06.08.2025 passed by learned Exclusive Special
Judge, SC/ST (POA) Act, Begusarai in connection with Ballia
Patna High Court CR. APP (SJ) No.4572 of 2025(4) dt.18-02-2026
2/3
P.S. Case No.321 of 2024.
4. Counsel for the appellant submits that the bail
application of the appellant has been rejected earlier vide order
dated 05.06.2025 passed in Cr. Appeal (SJ) No.614 of 2025. He
further submits that the allegation against the appellant is that
the victim was killed by him and thereafter, dead body of the
deceased has been recovered. He further submits that only by
virtue of suspicion, the name of appellant has been inserted in
this case.
5. Counsel further submits that there is no material
against him, save and except, the confessional statement of the
co-accused, namely, Satish Kumar, which cannot be relied upon.
He further submits that appellant is in custody since 05.10.2024
having clean antecedent.
6. Counsel for the appellant submits that the co-
accused, namely, Satish Kumar has been granted bail by the Co-
ordinate Bench of this Court vide order dated 15.05.2025 passed
in Cr. Appeal(SJ) No.1265 of 2025. He further submits that
from the post-mortem report, it is clear that death has been
caused due to Hypoxia as a result of strangulation, whereas in
the confessional statement, allegation of murder has been made.
He further submits that there is sharp contradiction in the ocular
Patna High Court CR. APP (SJ) No.4572 of 2025(4) dt.18-02-2026
3/3
evidence and the post-mortem report.
7. Learned counsel for the informant vehemently
opposes the bail of the appellant and submits that appellant is
involved in the murder of the deceased.
8. Learned Special Public Prosecutor opposes the
prayer for bail and submits that in the case diary, a detailed
material has come against the appellant that he in connivance
with other co-accused, have killed the deceased.
9. Upon specific query of the Court that whether
charge has been framed or not? In this regard, counsel submits
that as per his knowledge, charge has not been framed till date.
10. In this view of the matter, this Court is not
inclined to grant bail to the appellant. Therefore, the bail
application of the appellant is hereby rejected.
11. However, liberty is hereby granted to the appellant
that if charge shall not be concluded within one year from today,
then in that case, he may move for bail.
(Dr. Anshuman, J)
prakashmani/-
U
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