Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4066 of 2025 Arising Out of PS. Case No.-136 Year-2025 Thana- DELHA District- Gaya ====================================================== Sujit Kumar S/o Jitendra Prasad R/o Village / Mohalla - Kharkhura Tarwana, P.S - Delha, District - Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sonamati Devi W/o Shrawan Manjhi R/o Village - Kharkhura Tarwana, P.S - Delha, District - Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vinod Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-01-2026 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 27.08.2025 passed by learned Special Judge Exclusive, SC/ST (POA) Court, Gaya whereby the prayer for bail of the appellant in connection with B.P. No. 2978 of 2025 arising out of Delha P.S. Case No. 136 of 2025 under Sections 126(2), 115(2), 352, 109, 3(5) of B.N.S., Section 25(1B)a/26/27 of the Arms Act and Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Act was rejected.

3. The case of the prosecution in short is that on 15.06.2025 at about 08:10 PM, the informant was sitting near

Patna High Court CR. APP (SJ) No.4066 of 2025(3) dt.28-01-2026 2/3 her house. It is alleged that the appellant, along with others accused, went there and started firing at the house of the informant. One shot was fired at the main gate of Munnu Manjhi. It is further alleged that the appellant and others abused with caste name. One accused, namely, Gopal Kumar, has received injuries in the course of running.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. Learned counsel for the appellant submits that from perusal of the case of the informant, it is clear that the nature of the allegation is general and omnibus. He also submits that no words are indicated with which the appellant was abused, and moreover, nobody has received any injury. He further submits that with the help of well-wishers, good sense has prevailed between the parties, and they have filed a compromise petition in the learned trial court. Moreover, the appellant is languishing in judicial custody since 04.07.2025.

5. The appeal for bail is opposed by learned Spl. P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration that there is no any specific overt act against the appellant, the Court is inclined to allow this appeal.

Patna High Court CR. APP (SJ) No.4066 of 2025(3) dt.28-01-2026 3/3 Accordingly, the appeal is allowed and the impugned order dated 27.08.2025 is hereby set aside.

7. The appellant is directed to be enlarged on bail in connection with B.P. No. 2978 of 2025 arising out of Delha P.S. Case No. 136 of 2025 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 Special Judge Exclusive, SC/ST (POA) Court, Gaya.

(Ashok Kumar Pandey, J) Sudhanshu/- U T