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
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
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
Checking your session…