Patna High Court
Ranu Kumar @ Ayush GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Ranu Kumar (also known as Ayush Gupta), was arrested on 29 November 2025 in connection with FIR No. 30‑09‑2025 alleging his involvement in the murder of his son at a fair in Gopalganj. He sought bail, contending that he was never named in the FIR, that the identification of him was based solely on a CCTV snapshot and a contradictory confessional statement by co‑accused Kush Kumar, and that no eyewitness or material evidence linked him to the crime. The prosecution opposed bail, asserting that the investigation implicated the petitioner, that he has two prior criminal antecedents, and that he is already on bail in the same matter. The court examined the material on record, noted the lack of substantive evidence beyond suspicion, and considered the petitioner’s right to liberty. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail for a person accused of murder under the Bharatiya Nyay Sanhita, 2023, when the evidentiary material is limited to CCTV footage and a confessional statement of a co‑accused?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 303(2), 3103(1), 3(5), 61(2)
Subjects
- bail
- murder
- Bharatiya Nyay Sanhita
- CCTV evidence
- criminal antecedent
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12162 of 2026
Arising Out of PS. Case No.-728 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Ranu Kumar @ Ayush Gupta S/o Paras Sah @ Paras Prasad Resident of -
Jangaliya Ward No. 18, P.S - Gopalganj, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
For the Informant : Mr. Anirudh Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-04-2026 Heard Mr. Kumar Harshvardhan, learned counsel
for the petitioner, Mr. Ganesh Prasad Singh, learned Additional
Public Prosecutor for the State as well as Mr. Anirudh Kumar
Sinha, learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
29.11.2025 in connection with Gopalganj P.S. Case No. 728 of
2025, F.I.R. dated 30.09.2025 for the offences punishable under
Sections 3103(1), 61(2), 303(2) & 3(5) of the Bharatiya Nyay
Sanhita, 2023.
3. According to the prosecution’s case, the informant
Patna High Court CR. MISC. No.12162 of 2026(3) dt.29-04-2026
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suspects that this petitioner got his son (now, deceased)
murdered through unknown assailants when the deceased had
gone to Gopalganj to visit a fair (mela) with his friend, namely
Kush Kumar.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that petitioner is not named in
the FIR and his name transpired during investigation on the
basis of CCTV footage which is recorded in paragraph-83 of the
case diary. Thereafter the confessional statement of the said
Kush Kumar was recorded in which he stated a different story.
He next submits that no one had seen the alleged occurrence,
even co-accused had not seen the occurrence and CCTV does
not support the allegation as alleged in the FIR or by the co-
accused persons and except suspicion, no other cogent material
has come during investigation which suggest the involvement of
the petitioner in the present occurrence. He further submits that
the police after investigation submitted the charge sheet against
the petitioner and the petitioner is in custody since 29.11.2025.
5. The learned Additional Public Prosecutor for the
State and learned counsel for the Informant have vehemently
opposed the prayer for bail of the petitioner and submit that it
Patna High Court CR. MISC. No.12162 of 2026(3) dt.29-04-2026
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has come during investigation that petitioner was involved in
the present crime in question and apart from that the petitioner
carries two criminal antecedents but fairly submits on the basis
of paragraph-3 of the bail application that the petitioner is on
bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned C.J.M.,
Gopalganj, Bihar in connection with Gopalganj P.S. Case No.
728 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.12162 of 2026(3) dt.29-04-2026
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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