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Patna High CourtCR. APP (SJ)/3246/2025allowed

Prince Kumar @ Shubham v. The State Of Bihar

2026-01-22Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3246 of 2025 Arising Out of PS. Case No.-80 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Prince Kumar @ Shubham S/o Upendar Singh R/o Village- Rukhi, PSChandi, District- Nalanda, At present Mohalla - Ashiyana More, Raja Bazar, P.S.- Shastri Nagar, Distt.- Patna, ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Suraj Kumar S/o Late Mahesh Mochi R/o vill - Mamrejpur, P.S.- Naubatpur, Distt. - Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Gopal Govind Mishra, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2026 Despite valid service of notice, none appears on behalf of the respondent no. 2.

2. Heard learned counsel for the appellant and the State.

3. This appeal has been filed against the order dated 21.05.2025 passed by learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna in connection with Special Case No. 71 of 2025, arising out of Naubatpur P.S. Case No. 80 of 2024 registered under Sections 302, 120B, 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for regular bail of appellant

Patna High Court CR. APP (SJ) No.3246 of 2025(4) dt.22-01-2026 2/3 has been rejected.

4. As per prosecution case, informant suspects that this appellant, along with other accused persons, killed his father. Informant alleges that his father had love affair with coaccused Geeta Devi, who happens to be mother of this appellant and had lodged a case against father of informant in which father of informant was behind the bar and on the basis of compromise, father of informant came out of jail and as per settlement, co-accused Geeta Devi was given a new house but thereafter, Geeta Devi and her sons, including this appellant, demanded Rs. 11,00,000/- and also threatened to kill father of informant.

5. Learned counsel for the appellant submits that from bare perusal of the F.I.R. it is apparent that informant is not an eye witness of the occurrence and due of old dispute, suspicion has been raised against the appellant. During course of investigation, none of the witnesses have claimed to have seen the occurrence or seen this appellant committing the offence. There is no allegation of abuse by caste name against the appellant. Appellant is in custody since 28.08.2024. Chargesheet has already been submitted.

6. Learned Spl. Public Prosecutor for the State

Patna High Court CR. APP (SJ) No.3246 of 2025(4) dt.22-01-2026 3/3 vehemently opposed the bail application.

7. Considering the nature of accusation and period of custody, this Court sets aside the impugned order and directs the release of above named appellant on bail on furnishing bailbond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna in connection with Special Case No. 71 of 2025, arising out of Naubatpur P.S. Case No. 80 of 2024.

(Prabhat Kumar Singh, J) Navya/- U T