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Patna High Court

Prince Kumar @ Prabhakar @ Prince Kumar Prabhakar @ Prabhakar KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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