Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.
Summary
Kundan Kumar was arrested in connection with the murder of an informant's brother, alleged under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, later amended to include Sections 103(1), 140(1), 61(2) and 238. The prosecution's case relied solely on the fact that the petitioner was last seen with the deceased; there were no eye‑witnesses or other material linking him to the crime. The petitioner, who has a clean antecedent and has been in custody since 5 August 2025, applied for regular bail. The State and the informant opposed the bail, arguing the seriousness of the accusation. The Court, noting the lack of substantive evidence, the petitioner’s clean record and the length of custody, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the accused in a murder case where the prosecution evidence is limited to suspicion and the accused has a clean antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 137(2), 140(1), 140(3), 238, 61(2)
Subjects
- bail
- murder
- criminal procedure
- suspicion
- clean antecedent
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13508 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- SARMERA District- Nalanda
======================================================
Kundan Kumar S/O Bhola Kewat R/O Gaushnagar, P.S.- Sarmera, District-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, A.P.P.
For the Informant : Mr. Shailendra Kumar,
Mr. Ajit Ranjan Kumar, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Sarmera P. S. Case No. 184 of 2025 registered for the offences
punishable under Sections 137(2), 140(3) of the Bharatiya
Nyaya Sanhita to which Sections 103(1), 140(1), 61(2), 238 of
the BNS were added later on.
3. As per prosecution case, on 02.08.2025, brother of
informant went outside but did not return and later on, his dead
body was found. Informant believes that all the F.I.R. named
accused persons, including this petitioner, committed murder of
his brother.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.13508 of 2026(2) dt.03-04-2026
2/2
from perusal of the F.I.R. itself, it is apparent that there is no eye
witness to the occurrence and at best, petitioner was last seen in
the company of the deceased. Save and except suspicion, there
is no other material available on record to show his complicity
in the alleged offence. Petitioner claims clean antecedent and is
in custody since 05.08.2025.
5. However, learned A.P.P. for the State as well as
learned counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to 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 District & Additional Sessions Judge-II, Biharsharif,
Nalanda in connection with Sarmera P. S. Case No. 184 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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