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Patna High Court

Amit Kumar @ Gurudeo Kumar @ Gurudev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted as the petitioners have clean antecedents and no cogent material links them to the offences, subject to strict conditions.

Summary

The petitioners, including Punita Devi, Amit Kumar and Rajesh Yadav, were charged under Sections 103(1), 61(2) and 3(5) of the BNS for the alleged murder of Jaswant Kumar, based on an FIR filed by the victim's mother, Urmila Devi. The prosecution alleged that the accused conspired, threatened, and ultimately killed the victim, while the defence argued that the informant was not an eye‑witness, no material evidence beyond suspicion existed, and the accused have clean antecedents. The Additional Public Prosecutor opposed bail, but the court noted the lack of substantive proof and the petitioners' clean records. Consequently, the court ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Madhepura.

Issues considered

  • Whether bail should be granted to the accused under Sections 103(1), 61(2) and 3(5) of the BNS in the absence of substantive evidence.
  • Whether the informant's statements constitute sufficient basis for continued detention.
  • What conditions may be imposed on bail in such serious offences.

Legislation cited

  • BNS — s. 103(1), 3(5), 61(2)

Subjects

  • bail
  • criminal procedure
  • clean antecedent
  • suspicion
  • charge‑sheet
  • murder
  • criminal conspiracy
  • BNS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.9950 of 2026
                   Arising Out of PS. Case No.-409 Year-2025 Thana- MURLIGANJ District- Madhepura
                 ======================================================
           1.     Punita Devi Wife of Late Yashwant Yadav @ Jashi Yadav R/o - Village -
                  Khari South, Ward No - 15, P.S - Murliganj, District-Madhepura.
           2.    Rajesh Yadav Son of Kulo Yadav R/o - Village - Belodih, Ward No. - 03, P.S
                 - Murliganj, District - Madhepura.

                                                                                 ... ... Petitioners
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 14770 of 2026
                   Arising Out of PS. Case No.-409 Year-2025 Thana- MURLIGANJ District- Madhepura
                 ======================================================
                 Amit Kumar @ Gurudeo Kumar @ Gurudev Kumar Son of Sajan Yadav @
                 Sajjan Yadav @ Sajjan Kumar R/o Village - Khari South Ward No. 15, P.S. -
                 Murliganj, District. - Madhepura.

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 9950 of 2026)
                 For the Petitioner/s     : Mr. Kumar Dhirendra Pratap Singh, Advocate
                 For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P.
                 (In CRIMINAL MISCELLANEOUS No. 14770 of 2026)
                 For the Petitioner/s     : Mr. Pawan Kumar, Advocate
                 For the Opposite Party/s : Mr. Satya Nand Shukla, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   02-04-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                              2. Petitioners seek bail in connection with Murliganj

                   P.S. Case No. 409 of 2025 for the offences punishable under

                   Sections 103(1), 61(2) and 3(5) of BNS.
Patna High Court CR. MISC. No.9950 of 2026(3) dt.02-04-2026
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                      3. The case of the prosecution, in brief, is that the

          informant, Urmila Devi, alleging inter alia that a case between

          the informant's son, Jaswant Kumar @ Jasi Yadav and her

          daughter-in-law, Punita Devi, has been pending before the court

          at Madhepura for about three years. During this period, Punita

          Devi developed illicit relations with co-accused Amit Kumar @

          Gurudev Kumar and Rajesh Yadav, which was opposed by the

          informant's son. During this time, the informant's daughter-in-

          law had married her minor daughter to the accused Amit Kumar

          about a year ago, which was also opposed by the informant's

          son. Meanwhile, Punita Devi had been pressuring the

          informant's son to register one bigha of land in favour of Amit

          Kumar @ Gurudev Kumar, which he refused. Upon such

          refusal, the accused persons extended repeated threats to kill

          him. On 17.08.2025 at about 9:00 PM, Punita Devi, Amit

          Kumar @ Gurudev Kumar, Shubham Kumar, Anshu Kumar,

          Rajesh Yadav called the informant's son out of his house on the

          pretext of loading fertilizer and took him to village Bellodih

          near a canal, where they brutally murdered him by slitting his

          throat with a sharp-edged weapon and threw the dead body in a

          nearby paddy field. On 18.08.2025 at about 6:00 AM, upon

          hearing hue and cry raised by villagers and after photographs
Patna High Court CR. MISC. No.9950 of 2026(3) dt.02-04-2026
                                            3/5




          and videos of her son went viral on mobile phones, the

          informant reached the place of occurrence along with villagers

          and found her son lying dead in a paddy field with his throat slit

          by a sharp-edged weapon. The informant further alleges that all

          the named accused persons, in furtherance of a criminal

          conspiracy, murdered her son.

                      4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they have falsely been

          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioners have not

          committed any offence as alleged in the F.I.R. From perusal of

          the F.I.R it appears that petitioners have been made accused in

          these cases on the basis of suspicion and except suspicion, no

          other cogent material has come during the course of

          investigation to suggest the involvement of petitioners in the

          present cases. It is further submitted that informant is not an

          eye-witness to the occurrence in question and even no one has

          seen the occurrence. It is next submitted that the police after

          investigation has submitted charge-sheet and the petitioners of

          Cr. Misc. No. 9950 of 2026 are in custody since 19.08.2025 and

          the petitioner of Cr. Misc. No. 14770 of 2026 is in custody since

          10.09.2025.
Patna High Court CR. MISC. No.9950 of 2026(3) dt.02-04-2026
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                      5.    Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          and that the petitioners are persons with clean antecedent and no

          other cogent material has come during the course of

          investigation to suggest the involvement of petitioners in the

          present cases, let the petitioners, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned CJM, Madhepura in connection with Murliganj

          P.S. Case No. 409 of 2025, subject to the following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage it is found that the petitioners have concealed their
           Patna High Court CR. MISC. No.9950 of 2026(3) dt.02-04-2026
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                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioners. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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