Niwas Kumar @ Fantush v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3676 of 2025 Arising Out of PS. Case No.-866 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Niwas Kumar @ Fantush S/o- Ashirvadi Yadav @ Naresh Kumar @ Ashirvadi Prasad @ Naresh Yadav Resident of Village- Thubhapar PSDhanarua, Dist- Patna ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Shweta Kumari W/o- Kamlesh Kumar Paswan R/o- Kajichak Ps- Lahsuna OP Ps- Masaurhi Dist- Patna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Barun Prasad, Advocate For the Respondent/s :
Mr. Sadanand Paswan, SPP For the Informant :
Mr. Rajen Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant. Perused the case diary.
2. The instant appeal has been filed by the appellant against the order dated 15.05.2025 passed by learned Special Judge, SC/ST Act, Patna whereby the prayer for bail of the appellant in connection with Masaurhi P.S. Case No. 866 of 2023 under Sections 341, 323, 354, 302, 34 of the Indian Penal Code and Sections 3(1)(s)(w), 3(2)(v) of SC/ST Act was rejected.
3. The prosecution case, in short, is that the accused
Patna High Court CR. APP (SJ) No.3676 of 2025(3) dt.16-07-2026 2/3 persons allegedly abused the informant's daughter with filthy and caste-related remarks and, upon her protest, shot her dead on the spot.
4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. Learned counsel further submitted that occurrence occurred on 11.12.2023 at 7.25AM but the FIR was lodged on 12.12.2023 without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel further submitted that the name of the appellant is being dragged in this case merely due to suspicion. Learned counsel for the appellant further submitted 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 is in custody since 04.03.2024 and has one 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. Learned counsel for the informant submits that trial is already in progress and four witnesses have also been examined in this case. Learned SPP for the State relied upon a decision of
Patna High Court CR. APP (SJ) No.3676 of 2025(3) dt.16-07-2026 3/3 the Hon'ble Apex Court reported in 2024 SCC OnLine SC 3539 (X. vs. State of Rajasthan & Anr.), wherein in paragraph no. 14, the Hon'ble Apex Court has held has under:
"14. Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court, be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused."
6. Considering the aforesaid facts and circumstances of the case, present stage of the trial as also nature and gravity of offence, this Court is not inclined to grant bail to the appellant.
7. Accordingly, the present appeal is dismissed. (Rudra Prakash Mishra, J) Alok Verma/- U T