Patna High Court
Pandit Kumar @ Krishna Kumar @ Krishn KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The bail application was rejected, denying the petitioner any privilege of bail.
Summary
The petitioner, Pandit Kumar, is in custody for alleged murder, culpable homicide not amounting to murder and criminal conspiracy under IPC sections 302, 201 and 34. The prosecution alleges that the petitioner helped Manish Kumar kill the informant's brother over a loan dispute and dispose of the body in the Gandak river, although the body has not been recovered. The trial is at an advanced stage and the petitioner’s active participation in the alleged crime has been highlighted. The petitioner applied for bail, arguing procedural delays due to an Aadhaar discrepancy. The High Court, noting the seriousness of the offences and the petitioner’s alleged role, declined to grant bail and ordered the trial to proceed without delay. Consequently, the bail application was rejected.
Issues considered
- Whether bail can be granted to an accused in a murder and conspiracy case at an advanced stage of trial
- Whether the alleged involvement of the petitioner in the commission of IPC 302, 201 and 34 offences justifies denial of bail
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- culpable homicide
- criminal conspiracy
- IPC 302
- IPC 201
- IPC 34
- trial stage
- body not recovered
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74458 of 2024
Arising Out of PS. Case No.-925 Year-2022 Thana- NAGAR District- Vaishali
======================================================
Pandit Kumar @ Krishna Kumar @ Krishn Kumar Son of Chhedi Sahni @
Manoj Sahni R/o Nakhash Chowk, Andarkila Bharat Bharti School, P.S.-
Hajipur Town, District- Vaishali, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the State : Mr. Narendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 30-01-2026 Heard the parties.
2. The petitioner is in custody in connection with
Town P.S. Case No. 925 of 2022 for the offence punishable
under Sections 302, 201 and 34 of the Indian Penal Code,
lodged on 11.12.2022 by the informant Amarjit Kumar.
3. The Trial Court report dated 20.02.2025 is on
record according to which he is taking all the effort to disposed
of the matter but due to certain discrepancy in the Aadhar Card
of Sanjeev Kumar, the defence has objected to it and took time
for filing rejoinder.
4. As per the prosecution story, the informant has
alleged that his brother(deceased) had given loan of Rs. 30,000/-
to Manish Kumar. As he was demanding the amount, on
10.12.2022, the allegation is that he was taken away by Manish
Kumar to Hariharnath Temple by the boat on the pretext of
returning the amount. However, he got a call from his brother
Patna High Court CR. MISC. No.74458 of 2024(3) dt.30-01-2026
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that he is being assaulted by this petitioner and other named
accused persons and apprehended that he may be killed.
Immediately thereafter, his mobile was switched off.
5. The informant rushed to search his brother near
Konhara Ghat and saw the accused persons including this
petitioner coming from Konhara Ghat on a boat. Although the
other accused persons escaped, the informant succeeded in
apprehending Manish Kumar and found the cloth to be wet with
blood stains on the boat too. He further confessed to have killed
the informant’s brother and thrown the dead body in Gandak
river with the help of this petitioner and other accused.
However, despite search, the dead body could not be found, FIR
was lodged.
6. The trial is at the advance stage, the active role of
the petitioner has come in the case, in that background, directing
the Trial Court to take the matter to its logical conclusion at an
earliest, for the present, this Court is not inclined to extend him
privilege of bail.
7. Accordingly, the bail application stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
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