Shashi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3542 of 2025 Arising Out of PS. Case No.-726 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Shashi Kumar, S/o Jeetendra Singh, R/o Village- Kuraich, P.S.- Sasaram (T), Distt- Rohtas at Sasaram ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Deovind Kumar Singh, Advocate For the Respondent/s :
Ms.Usha Kumari 1, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-12-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant against the order dated 11.08.2025 passed by learned Court of Exclusive Special Judge, SC/ST Act, Sasaram, Rohtas whereby the prayer for bail of the appellant in connection with Sasaram (T) P.S. Case No.726 of 2024 under Section 103(1) of B.N.S., Section 27 of the Arms Act and Section 3(ii)(v) of SC/ST Act was rejected.
3. The case of the prosecution, in short, is that on 31.08.2024 the respondent's father Laldeo Paswan went out for a walk at 4:00 A.M. At 4:20 A.M., the respondent got information that his father has been shot dead by unknown persons in front of one Vijay Lal's house. When the respondent
Patna High Court CR. APP (SJ) No.3542 of 2025(5) dt.18-12-2025 2/3 reached there and took his father to Sadar Hospital, Sasaram where he died during treatment.
4. It is submitted by learned counsel for the appellant that appellant is innocent and he has been falsely implicated in this case. The F.I.R. was lodged against unknown miscreants. During course of investigation, one spy has suspected two persons, the appellant and one Ashwini Kumar. Both have given their confessional statement before police. It has further been submitted that save and except the confessional statement of the appellant and co-accused, there is nothing against the appellant. It has also been submitted that no particular caste name has been called by the appellant, hence no case is made out under the provisions of SC/ST Act. It has also submitted that similar situated co-accused Ashwini Kumar @ Naga has been granted bail by learned Co-ordinate Bench vide Cr. Appeal (SJ) no. 1964 of 2025. The case of this appellant stands on similar footing. The appellant is having no criminal antecedent and he is languishing in judicial custody since 01.08.2024.
5. The appeal for bail is vehemently opposed by learned Spl. P.P. for the State and has conceded that name of this appellant has surfaced on the basis of confessional statement.
6. Having heard learned counsel for the parties and
Patna High Court CR. APP (SJ) No.3542 of 2025(5) dt.18-12-2025 3/3 considering the facts and circumstances of the case, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 11.08.2025 passed in connection with Sasaram (T) P.S. Case No.726 of 2024 is hereby set aside.
7. The appellant is directed to be enlarged on bail in connection with Sasaram (T) P.S. Case No.726 of 2024 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge, SC/ST Act, Sasaram, Rohtas with the condition that the appellant shall cooperate in the trial and shall remain present in the trial Court whenever required.
(Ashok Kumar Pandey, J) lata/- U T