Patna High Court

Shipu Kumar @ Sipu KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

In the absence of specific incriminating material and given the petitioner’s prolonged custody and clean record, the Court held that bail should be granted.

Summary

The petitioner, Shipu Kumar, was arrested in connection with a murder case (Alipur PS Case No.154 of 2025) under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He alleged that he was falsely implicated, noting that the alleged incident occurred on 31 Oct 2025 but the FIR was lodged on 1 Nov 2025, and that no specific overt act or motive was ascribed to him. The petitioner also highlighted that a co‑accused had been granted bail in a related matter and that he had no prior criminal record, having been in custody since 3 Nov 2025. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the lack of specific evidence against the petitioner, the period of custody, and the precedent of bail to a co‑accused, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail despite being charged with murder under the Bharatiya Nyaya Sanhita.
Whether the alleged false implication and absence of specific incriminating material justify granting bail.
Whether the period of custody and the petitioner’s clean criminal record affect the bail decision.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)

Subjects

bail
murder
Bharatiya Nyaya Sanhita
false implication
sureties
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12313 of 2026
                         Arising Out of PS. Case No.-154 Year-2025 Thana- ALIPUR District- Gaya
                 ======================================================
                 Shipu Kumar @ Sipu Kumar S/o- Manoj Mistry Resident of Village-
                 Akhanpur, Bohiya, PS-Alipur, Distt.- Gaya ji
                                                                     ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :        Mr.Ajay Kumar No. 2, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Alipur

                   P.S. Case No. 154 of 2025, instituted for the offences under

                   Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that accused persons

                   named in the F.I.R., including the petitioner, murdered the

                   brother of the informant.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   occurrence took place on 31.10.2025, whereas F.I.R. has been

                   lodged on 01.11.2025. There is no any motive or mens-rea

                   behind the alleged occurrence. Learned counsel for the

                   petitioner submits that general and omnibus allegation has been
           Patna High Court CR. MISC. No.12313 of 2026(2) dt.12-03-2026
                                                       2/2




                     made against the petitioner. No specific overt act is alleged

                     against the petitioner. Learned counsel for the petitioner further

                     submits that other co-accused has been granted bail by a Co-

                     ordinate Bench of this Court vide order dated 26.02.2026 passed

                     in Cr. Misc. No. 12913 of 2026. It has been submitted on behalf

                     of the petitioner that the petitioner is in custody since

                     03.11.2025 and has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Alipur P.S. Case

                     No. 154 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Sharda Nand Mishra