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Patna High Court

Pandit Kumar @ Krishna Kumar @ Krishn KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                        2/2




                      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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