Patna High Court
Tamatar Kumar @ Bikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the petitioner’s identification only via CCTV, absence of further evidence and his clean record, bail should be granted.
Summary
The petitioner, Tamatar Kumar, was arrested in a case originally filed under Section 140(3) of the B.N.S., with later additions of Sections 103(1), 238 and 3(5). He was not named in the FIR; his identification came only from CCTV footage supplied by the deceased’s family. No other material linked him to the alleged offence, and he had no prior criminal record, having been in custody since 19 May 2025. The State opposed his bail, but the court noted the lack of substantive evidence and the precedent of bail granted to a co‑accused. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner who is identified solely through CCTV footage and lacks other incriminating evidence.
Legislation cited
- B.N.S. — s. 103(1), 140(3), 238, 3(5)
Subjects
- bail
- CCTV identification
- criminal procedure
- B.N.S. sections 140, 103, 238, 3(5)
- no prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1235 of 2026
Arising Out of PS. Case No.-375 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Tamatar Kumar @ Bikram Kumar S/O Bihari Kumar @ Ram Bihari Ram @
Ram Bihari Kumar Chaudhary @ Bihari Ram Resident of Village- Dadelganj
(Sagar), Sasaram, P.S.- Sasaram (Town), District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Sunil
For the Opposite Party/s : Mrs.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence under Section 140(3) of the B.N.S. and later on,
Sections 103(1), 238 and 3(5) of the B.N.S. were added.
3. Petitioner is not named in the F.I.R. Name of the
petitioner surfaced during investigation only on the basis of
CCTV footage, which was provided by the family members of
deceased, in which, this petitioner was seen with the deceased.
Except this, there is no other material against this petitioner to
show his complicity in the alleged offence. Similarly situated
co-accused Lav Kush Baghail has been granted bail by this
Court, vide order dated 24.11.2025 passed in Cr.Misc. No.
Patna High Court CR. MISC. No.1235 of 2026(2) dt.13-02-2026
2/2
63976 of 2025. Petitioner is in custody since 19.05.2025, having
no criminal antecedent. Chargesheet has been submitted.
4. Learned A.P.P. for the State opposes the prayer for
bail.
5. Considering the aforesaid facts and circumstances
as well as period of custody, let the above named petitioner 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 learned District & Addl. Sessions Judge, - IX,
Rohtas at Sasaram in connection with Sessions Trial No. 451 of
2025, arising out of Sasaram Town P.S. Case No. 375 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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