Created by Fuzzy Cloud

Patna High Court

Rajeev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Rajeev Kumar, applied for bail in a case registered under Sections 103, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, relating to the death of the informant's son. The prosecution alleged that the petitioner was involved based solely on the confessional statement of co‑accused Shiva Kumar, while the petitioner was not named in the FIR. No eye‑witness evidence was presented and the FIR was lodged two days after the body was recovered, raising questions about the timing of the complaint. The petitioner argued that the allegation against him was unfounded, highlighted the grant of bail to a similarly situated co‑accused, and pointed to his existing bail in another case. The Court, after considering the submissions, ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, and allowed the application.

Issues considered

  • Whether the petitioner is entitled to bail despite the absence of his name in the FIR and reliance on a co‑accused's confession.
  • Whether the delay in lodging the FIR and lack of eyewitness evidence justify denial of bail.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confession of co‑accused
  • delay in FIR
  • prior criminal antecedent
  • Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10532 of 2026
                    Arising Out of PS. Case No.-135 Year-2025 Thana- SANGRAMPUR District- Munger
                 ======================================================
                 Rajeev Kumar S/o Kailash Mandal R/o Village - Koraji, P.S - Sangrampur,
                 District - Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Rajendra Prasad Yadav, Advocate
                                                 Mr. Surya Narayan Yadav,Advocate
                                                 Mr. M.S. Hoda, Advocate
                 For the State           :       Mr. Anant Kumar 1, APP
                 For the Informant       :       Mr. Pranav Kumar Jha, Advocate
                                                 Mr. Sarveshwar Tiwari, Advocate
                                                 Mr. Chandra Mohan Jha, Advoocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   01-04-2026                   Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioner seeks bail in connection with

                   Sangrampur P.S. Case No. 135 of 2025, registered for the

                   offence under Sections 103, 61(2) and 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, on 11.08.2025, son of

                   the informant left his shop and thereafter went missing. On

                   13.08.2025, dead body of the son of informant was recovered

                   from the Tauri river. Informant suspected that the petitioner

                   along with F.I.R. named accused persons might have killed his

                   son as co-accused Md. Afroz had threatened to kill his son.
Patna High Court CR. MISC. No.10532 of 2026(3) dt.01-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          petitioner is not named in the FIR and his name has transpired in

          this case merely on the basis of confessional statement of co-

          accused Shiva Kumar. The allegation of having threatened to

          kill the son of the informant is against co-accused Md. Afroz.

          There is no eye-witness to the occurrence. It is further submitted

          that the deceased was missing since 11.08.2025 and his body

          was recovered on 13.08.2025, but the F.I.R. was lodged on

          15.08.2025 without any explanation. Charge-sheet has already

          been submitted against the petitioner. The Petitioner has one

          criminal antecedent and he is on bail in that case and is in

          judicial custody since 10.10.2025. It is further submitted that

          similarly situated co-accused person Md. Naushad has been

          granted the privilege of bail by a co-ordinate Bench of this

          Court by order dated 23.02.2026 passed in Cr. Misc. No. 408 of

          2026.

                       5. Learned counsel appearing on behalf of the State

          and learned counsel for the informant vehemently opposed the

          prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid submissions of the

          parties and taking into account the facts and circumstance of the

          case, let the petitioner above-named, be enlarged on bail on
              Patna High Court CR. MISC. No.10532 of 2026(3) dt.01-04-2026
                                                          3/3




                        furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        learned Court          concerned, Munger,            in connection with

                        Sangrampur P.S. Case No. 135 of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

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.