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Patna High Court

Indrajeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The petitioner is entitled to bail and is released on furnishing the prescribed bond.

Summary

The petitioner, Indrajeet Kumar, a guard at a rehabilitation centre, was named at the fag end of an FIR (Case No. 506 of 2025) concerning the alleged murder of a resident’s son. The petitioner claimed he had no antecedent and that his inclusion in the FIR was intentional and motivated by ulterior motives. The State opposed the bail application, while the petitioner’s counsel argued that he had no role in the management or treatment at the centre. The court examined the nature of the charge under Section 103(1) read with 3(5) of the Bihar Narcotic Substances Act and considered the petitioner’s lack of criminal history and custodial status since 04‑12‑2025. Concluding that the petitioner was merely a guard with no involvement in the alleged crime, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether a person named as a guard in an FIR for a murder under Section 103(1) read with 3(5) of the Bihar Narcotic Substances Act is entitled to bail
  • Whether the inclusion of the petitioner’s name at the fag end of the FIR was done with ulterior motive

Legislation cited

Subjects

  • bail
  • criminal procedure
  • FIR
  • guard
  • rehabilitation centre
  • murder allegation
  • no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13341 of 2026
                       Arising Out of PS. Case No.-506 Year-2025 Thana- GOPALPUR District- Patna
                 ======================================================
                 Indrajeet Kumar S/O Vidya Prasad Resident of Village - Narari, ward no.- 16,
                 P.S- Tharthari, District- Nalanda (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Bhushan
                 For the Opposite Party/s :       Mr.Renu Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner seeks bail in Gopalpur P.S. Case No.

                   506 of 2025 registered for the offence punishable under Section-

                   103(1) read with 3(5) of the BNS.

                                3. As per allegation, the son of the informant was

                   admitted in Sarthi Nasha Mukti Kendra, Ilahibag for

                   rehabilitation. It is further alleged that on 02-12-2025, she was

                   informed that her son has died. She reached there where she saw

                   that there was marks on his body and his deadbody was lying

                   there. She alleged that the Manager of the rehabilitation centre

                   and others had killed her son. At the fag end of the FIR, by way

                   of insertion, the name of the petitioner (Indrajeet Guard) has

                   been added.
            Patna High Court CR. MISC. No.13341 of 2026(3) dt.01-04-2026
                                                         2/2




                                   4. It has been submitted on behalf of the petitioner

                      that the petitioner is a guard of the centre in question. He has got

                      no antecedent. The name of the petitioner has intentionally been

                      inserted at the fag end of the FIR with ulterior motive.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Considering the fact that the petitioner was merely

                      a guard and has no role in treatment or management or

                      administration of the institution and also the fact that he is in

                      custody since 04-12-2025 with no criminal antecedent, let the

                      petitioner named above, 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   Court

                      below/concerned Court, Patna in connection with Gopalpur P.S.

                      Case No. 506 of 2025.



                                                         (Ansul, J)
A.K.V.//-

U      T


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