Created by Fuzzy Cloud

Patna High Court

KRISHNA KUMAR @ KRISHNA SAHversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Krishna Kumar was arrested in connection with a murder case (IPC sections 302, 201) and later charged under sections 120B and 34. The deceased was the son of an informant whose body was recovered near a railway track. The informant initially lodged an FIR against unknown persons but, after seven months, altered his statement to allege that the petitioner was involved in the killing due to a personal dispute. The petitioner’s counsel argued that the only incriminating material was a mobile tower location, which could be explained by his presence at a marriage ceremony, and highlighted his lack of prior criminal record. The State opposed bail, citing the informant’s later statements and witness accounts linking the petitioner to the crime scene. The High Court, after weighing the weak evidentiary basis and the petitioner’s custody since June 2025, granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder, culpable homicide not amounting to murder, and conspiracy under IPC sections 302, 201, 120B and 34.
  • Whether the informant’s delayed change of statement and mobile tower location constitute sufficient grounds to deny bail.

Legislation cited

Subjects

  • regular bail
  • murder
  • IPC sections 302 201 120B 34
  • mobile location evidence
  • informant statement
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86477 of 2025
                     Arising Out of PS. Case No.-55 Year-2024 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
                 KRISHNA KUMAR @ KRISHNA SAH Son of Madan Sah R/o Village -
                 Malikana Bagahi, P.S.- Motipur, District - Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Narain Yadav, Advocate
                                                  Mr.Masoom Alam, Advocate
                                                  Ms. Niraj Prasad Sinha, Advocate
                 For the Opposite Party/s :       Mr.Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   23-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 302, 201 of

                   the Indian Penal Code and later one Section 120 (B)/34 of the

                   Indian Penal Code added.

                                 3. The case of the prosecution is that the dead body

                   of the son of the informant who was running a tent house, was

                   found near a railway track.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.86477 of 2025(3) dt.23-02-2026
                                            2/4




          connection with the present case. It is further submitted that the

          FIR was lodged against unknown miscreants. During the course

          of investigation, the informant gave his re-statement in

          paragraph -6 of the case diary. However, in paragraph-46 of the

          case diary, after seven months of the occurrence, the informant

          developed a new story and stated that he came to know that the

          deceased was killed by the petitioner and others, as the deceased

          was having affair with the daughter of one Dinesh Sha. The

          informant has stated that he came to know about this fact a few

          days after the occurrence. It is further submitted that save and

          except the statement of the informant made after seven months

          of the occurrence that the petitioner is involved in the

          commission of the murder of the informant’s son, there is

          nothing on record against him. It is further submitted that

          similarly situated accused person, namely, Dinesh Sah has

          already been granted bail by a co-ordinate Bench of this Court

          vide order dated 11.02.2026 passed in Cr. Misc. No. 83704 of

          2025.

                       5. Learned counsel appearing for the Informant has

          vehemently opposed the prayer of regular bail, submitting that

          at paragraph nos. 52 and 53 of the case diary, the witnesses have

          stated that on the date of the marriage ceremony where the
Patna High Court CR. MISC. No.86477 of 2025(3) dt.23-02-2026
                                            3/4




          deceased had worked for tent arrangement, the petitioner was

          searching for the deceased. It is further submitted that from a

          perusal of paragraph-70 of the case diary, it transpires that the

          mobile location of the petitioner was found near the place where

          the dead body of the deceased was recovered.

                       6. Per contra, learned counsel for the petitioner

          submits that so far as the tower location is concerned, the

          petitioner was also an invite at the said marriage ceremony and

          therefore, it is natural that his mobile tower location would be

          reflected in that area.        A perusal of paragraph-70 of the case

          diary, it is clear that only the tower of location was found near

          the place of occurrence and the place where body of the

          deceased was recovered. Save and except this, there is nothing

          against the petitioner. Moreover, the petitioner is languishing in

          judicial    custody       since    30.06.2025        having   no   criminal

          antecedent.

                       7. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Motipur P.S. Case No. 55 of 2024 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned
            Patna High Court CR. MISC. No.86477 of 2025(3) dt.23-02-2026
                                                        4/4




                      Sessions Judge – XVI, Muzaffarpur.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.