Patna High Court
Sarwan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sarwan Kumar, sought regular bail in a criminal case (PS Hayaghat Case No.185 of 2025) where he was accused under sections 103(1), 61(2), 238 and 3(5) of the Bihar Negotiable Instruments Act for allegedly concealing the dead body of a murder victim. The prosecution alleged that the victim's sister‑in‑law was murdered by her husband and in‑laws, and that the petitioner participated in the concealment. The petitioner contended that he was falsely implicated and that the FIR did not allege any overt act of murder by him, only involvement in body concealment. The State opposed the bail application. After considering the facts, the court found no sufficient ground to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under sections 103(1), 61(2), 238 and 3(5) of the BNS.
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1), 238, 3(5), 61(2)
Subjects
- regular bail
- bail application
- concealment of dead body
- murder
- Bihar Negotiable Instruments Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20839 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- HAYAGHAT District- Darbhanga
======================================================
Sarwan Kumar S/o Ram Shresth Yadav @ Ramshreshth Yadav Resident of
Village - Sadhopur, P.S- Hayaghat, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103 (1), 61
(2), 238 and 3 (5) of the BNS.
3. The prosecution case, in brief, is that the sister-in-
law of the informant was murdered by her husband and her in-
laws. It is further alleged that the petitioner, along with others,
concealed the dead body of the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that,
from a perusal of the F.I.R., it is evident that there is no
allegation of any overt act against the petitioner in relation to
Patna High Court CR. MISC. No.20839 of 2026(2) dt.02-04-2026
2/2
the commission of murder rather, in the latter part of the F.I.R.,
it is alleged that he was involved in concealing the dead body of
the deceased.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Hayaghat P.S. Case No. 185 of 2025 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, Darbhanga.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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