Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 3(5), 61(2)
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
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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
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