Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail should be granted to the petitioner under the circumstances.
Summary
The petitioner, Aman Kumar, was arrested in connection with a murder case (PS Case No. 346 of 2025) alleged under Sections 61 and 103(1) of the Bihar Narcotic Substances Act, 2023. The prosecution contended that Kumar, along with two others, called the deceased for work, administered poison, and disposed of the body in a canal. The defence argued that the FIR was lodged a day after the inquest and post‑mortem, that no ante‑mortem injuries were found, and that the only incriminating evidence was the informant's statement. The learned APP opposed bail, citing the seriousness of the offence. Considering the delay in filing the FIR, lack of forensic evidence of foul play, and the petitioner’s cooperation, the Court granted bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail can be granted in a murder case under Sections 61 and 103(1) of the B.N.S., 2023 given the delay in filing the FIR and paucity of evidentiary material.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 61
Subjects
- bail
- murder
- Section 61 B.N.S. 2023
- Section 103(1) B.N.S. 2023
- delay in FIR
- post‑mortem
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14187 of 2026
Arising Out of PS. Case No.-346 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
Aman Kumar S/o Sri Vinod Rai R/o vill - Barua, P.s.- Rajapakar (Baranti
O.P.), Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Th\akur, Adv.
Mr. Purushottam Kumar, Adv.
Ms. Kajal, Adv.
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in Rajapakar P.S. Case No.
346 of 2025 registered for the offence punishable under Sections-61
and 103(1) of B.N.S., 2023.
3. The prosecution case, in short, is that the petitioner
alongwith two others called the son of the deceased for some
necessary work. It is further alleged that the deceased was
administered poison by intoxicating article and similarly, he was
killed and his dead body was thrown in canal.
4. It has been submitted on behalf of the petitioner that
from perusal of the case diary, it will transpire that in this case, the
police received information that on 03-10-2025 one Chandan Kumar
has died. The inquest report was prepared and dead body was sent for
Patna High Court CR. MISC. No.14187 of 2026(3) dt.15-04-2026
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postmortem but the family members of the deceased have not given
any statement nor any FIR was lodged on 03-10-2025 and the case
was lodged on 04-10-2025. It has also been submitted that the case
was lodged after inquest and postmortem. It has further been
submitted that save and except the statement of the informant that the
petitioner had called the deceased for some necessary work, there is
nothing against him and from perusal of the postmortem report also,
it transpires that the doctor in autopsy has not found any ante-mortem
injury on the person of the deceased and that is why, the viscera was
preserved.
5. Learned APP has vehemently opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances, 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 Chief Judicial Magistrate,
Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 346
of 2025.
(Ashok Kumar Pandey, J)
A.K.V.//-
U T
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