Kumar Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1877 of 2025 Arising Out of PS. Case No.-159 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Kumar Gaurav S/O Ramji Prasad Mehta Resident of Mohalla- Kumhrar, P.SAgamkuan, District- Patna. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Munarik Paswan S/O Late Ram Eqbal Paswan R/O Village- Medhpur Singhara, P.S- Mahua, Distt.- Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pranav Kumar Jha, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2. The instant appeal has been filed by the appellant against the order dated 15.04.2025 passed by learned Special Judge, SC/ST, Vaishali at Hajipur whereby the prayer for anticipatory bail of the appellant in connection with Hajipur Industrial P.S. Case No. 159 of 2024 under Sections 103, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1) (s), 3(2)(v) of SC/ST Act was rejected.

3. The prosecution case, in short, is that the informant's son was attacked by the appellant with a knife near

Patna High Court CR. APP (SJ) No.1877 of 2025(5) dt.19-02-2026 2/3 Paswan Chowk, Hajipur by the appellant. Later, the injured was brought to the hospital where he was declared dead.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. The name of the appellant has transpired on the basis of confessional statement of co-accused namely Ravi Kumar. Learned counsel for the appellant further submits 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 has no criminal antecedent.

5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant, stating that there is specific accusation of giving knife blow on the informant's son due to which he died and therefore, the appellant does not deserve the privilege of anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case as also nature and gravity of offence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the present appeal is dismissed.

8. However, if the appellant surrenders before the

Patna High Court CR. APP (SJ) No.1877 of 2025(5) dt.19-02-2026 3/3 learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Alok Verma/- U T