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Patna High Court

Krishna Prasad @ Krishna Thathera @ Krishna Prasad ThatheraversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order refusing bail and granted bail to the appellant.

Summary

Krishna Prasad Thathera was arrested in connection with a case involving alleged assault on an informant and the recovery of a pistol, and was charged under Sections 126(2), 127(2), 351(2) of the BNS, Sections 25(1-b)(a), 35 of the Arms Act and Sections 3(1)(r)(s) of the SC/ST (POA) Act. The Special Judge had rejected his bail application, leading the appellant to file an appeal before the Patna High Court. The appellant claimed innocence and false implication, while the State and the informant opposed bail. The High Court, after considering the nature of the allegations and the facts, set aside the lower court’s order and granted bail on condition of a Rs.10,000 bond with two sureties. Consequently, the appellant was ordered to be released on bail.

Issues considered

  • Whether the appellant is entitled to bail despite the serious nature of the offences alleged under the BNS, Arms Act and SC/ST (POA) Act
  • Whether the material facts disclosed justify the denial of bail by the Special Judge

Legislation cited

  • Arms Act — s. 25(1-b)(a), 35
  • BNS — s. 126(2), 127(2), 351(2)

Subjects

  • bail
  • criminal procedure
  • SC/ST (POA) Act
  • Arms Act
  • special judge
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.47 of 2026
                     Arising Out of PS. Case No.-184 Year-2025 Thana- NARDIGANJ District- Nawada
                 ======================================================
                 Krishna Prasad @ Krishna Thathera @ Krishna Prasad Thathera S/O Ashok
                 Thathera @ Ashok Saw R/O Vill - Balganga, Chorma, P.S - Nardiganj, Dist -
                 Nawada

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Kalmiya Devi W/O Sadhu Manjhi R/O Vill - Balganga, Chorma, P.S -
                 Nardiganj, Dist - Nawada

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Birendra Kumar
                 For the Respondent/s    :       Mr.Usha Kumari 1
                 For the informant       :       Mr. Pramod Kumar Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   23-04-2026                     Heard the parties including the learned counsel for

                   the informant.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 9.10.2025 passed by the learned

                   Exclusive Special Judge, SC/ST (POA) Court, Nawada whereby

                   the bail application of the appellant in connection with B.P. No.

                   1449 of 2025 arising out of Nardiganj P.S. Case No. 184 of

                   2025 registered for the offence under Sections 126(2), 127(2),

                   351(2) of the BNS, under Sections 25(1-b)(a), 35 of the Arms

                   Act and under Sections 3(1)(r)(s) of SC/ST (POA) Act, was

                   rejected.

                               3. The recovery is of one pistol from the appellant
          Patna High Court CR. APP (SJ) No.47 of 2026(4) dt.23-04-2026
                                                       2/2




                    who is said to have assaulted the informant.

                                 4. The appellant is in custody since 11.05.2025.

                                 5. Learned counsel for the appellant has submitted

                    that the appellant is innocent and has falsely been implicated in

                    this case.

                                 6. Learned Special P.P. for the State and informant

                    have vehemently opposed the prayer for grant of bail to the

                    appellant.

                                 7. Considering the facts of the case and also

                    considering the nature of allegation levelled against the

                    appellant, this application is allowed and accordingly, the order

                    dated 9.10.2025, is hereby set aside.

                                 8. Let the appellant be released on bail upon

                    furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)

                    with two sureties of the like amount each to the satisfaction of

                    Court below/concerned Court in                  connection Nardiganj P.S.

                    Case No. 184 of 2025.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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