Patna High Court
Gunja Kinner @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, holding that bail could not be granted given the gravity of the offences.
Summary
The petitioner, Gunja Kinner, applied for regular bail in a case registered under Sections 126(2), 115(2), 103(1) and 3(5) of the B.N.S., alleging that she was falsely implicated in the murder of her partner. The prosecution alleged that she was the informant, filed a false FIR, and subsequently killed the deceased. The petitioner’s counsel argued that she has a clean antecedent, has been in custody since 06‑01‑2026, and is willing to cooperate with the trial. The State’s Additional Public Prosecutor opposed bail, emphasizing the seriousness of the alleged murder. Considering the gravity of the offences, the Court declined to grant bail and dismissed the application.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 126(2), 115(2), 103(1) and 3(5) of the B.N.S.
- Whether the seriousness of the alleged murder precludes the grant of bail
Legislation cited
- B.N.S. — s. 103(1), 115(2), 126(2), 3(5)
Subjects
- bail
- regular bail
- criminal procedure
- false FIR
- murder
- B.N.S.
- Sections 126, 115, 103, 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17462 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- KIUL District- Lakhisarai
======================================================
Gunja Kinner @ Kundan Kumar W/o Late Vinod Saw, D/o Late Ajay Paswan
R/o Village- Vrindavan, P.S- Kiul, Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Prabhat, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Kiul
P.S. Case No. 105/2025 registered for the offences punishable
under Sections 126(2), 115(2), 103(1), 3(5) of B.N.S.
3. As per the prosecution case, petitioner is the
informant of the case and she was partner of the deceased and
after the death of the deceased, she filed a false FIR and
subsequently during investigation, it has come that she has
killed the deceased.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that petitioner has clean antecedent and
she is in custody since 06.01.2026. The petitioner undertakes to
Patna High Court CR. MISC. No.17462 of 2026(2) dt.16-03-2026
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co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that during
investigation, it has come that the petitioner has killed the
deceased.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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