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Patna High Court

Azad KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted to the petitioner.

Summary

The petitioner, Azad Kumar, was arrested in connection with the death of an informant's son, alleged to have been committed by his friends under Sections 103(1) and 238 of the B.N.S. The prosecution's case rested solely on the informant's suspicion and statements of co‑accused, with no material evidence linking the petitioner to the crime. The petitioner argued innocence, lack of incriminating articles, clean antecedents, and pointed to a similar co‑accused who had been granted bail in a prior order. The State opposed bail, citing the seriousness of the offences. Considering the lack of substantive evidence, the parity with the earlier bail order, the petitioner’s custody duration, and his clean record, the court allowed bail on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted in a case under Sections 103(1) and 238 of the B.N.S. when the prosecution evidence is limited to suspicion and co‑accused statements
  • Whether the petitioner’s clean antecedents and parity with a co‑accused previously granted bail warrant release

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • parity
  • clean antecedents
  • Section 103(1)
  • Section 238
  • B.N.S.
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.14417 of 2026
                     Arising Out of PS. Case No.-209 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Azad Kumar Son of Ashok Paswan Resident of Village - Pakri, P.S.- Punpun,
                 District - Patna

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :      Mr. Rajit Ranjan, Advocate
                                                 Ms. Nikita Mittal, Advocate
                 For the State            :      Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-04-2026                    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 punishable under Sections 103(1) and 238 of the B.N.S..

                                  3. As per prosecution case, son of informant was

                   found dead near bridge at Mahuli channel. Informant suspects

                   that his son was killed by his friends, including this petitioner.

                                  4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   Informant is not an eye witness to the occurrence and whole

                   prosecution case is based only on suspicion. Even during

                   investigation, no material has come to show the complicity of

                   this petitioner in the alleged offence except the confessional
             Patna High Court CR. MISC. No.14417 of 2026(2) dt.10-04-2026
                                                         2/2




                       statement of co-accused persons before the police, which has no

                       evidentiary value and no incriminating article has been

                       recovered from possession of this petitioner. It is further

                       submitted that similarly situated co-accused person has already

                       been granted bail by this Hon’ble Court vide order dated

                       02.12.2025 passed in Cr. Misc. No. 82828 of 2025. Moreover,

                       charge-sheet has already been submitted and petitioner, having

                       no criminal antecedents, is in custody since 18.05.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, claim based on

                       parity, period of custody and clean antecedents of the petitioner,

                       the prayer for grant of bail to the petitioner is allowed.

                                    7. Accordingly, 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 J.M.F.C., Patna in connection with Parsa

                       Bazar P.S. Case No. 209 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T


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