Patna High Court
Krishna Prasad @ Krishna Thathera @ Krishna Prasad ThatheraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
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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