Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that no prima facie evidence connects the petitioner to the crime and therefore granted bail.
Summary
Neeraj Kumar, who was not named in the FIR, was arrested in connection with a murder case (Bibhutipur PS Case No.442 of 2024) and has been in custody since 08‑08‑2025. He sought bail, arguing that his name only surfaced from the confessional statements of co‑accused and that no incriminating material links him to the offence. The prosecution opposed bail, but the court noted the absence of prima facie evidence against the petitioner and that the investigation was already completed with a charge‑sheet filed. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita. The bail was granted, and the petitioner was directed to appear before the appropriate court.
Issues considered
- Whether there is prima facie evidence linking the petitioner to the murder alleged under Sections 103(1), 238 and 61(2) IPC.
- Whether bail should be granted in view of the completed investigation and lack of incriminating material.
- Whether the conditions under Section 437(3) CrPC and Section 480(3) BNSS are applicable.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure — s. 437(3)
- Indian Penal Code — s. 103(1), 238, 61(2)
Subjects
- bail
- criminal procedure
- murder
- confessional statement
- prima facie
- investigation completed
- Indian Penal Code
- Code of Criminal Procedure
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2515 of 2026
Arising Out of PS. Case No.-442 Year-2024 Thana- BIBHUTIPUR District- Samastipur
======================================================
Neeraj Kumar, Son of Laxman Mahto, Resident of village - Patpara Uttar,
P.S.- Bibhutipur, District - Samastipur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Bibhutipur P.S. Case No.442 of 2024 registered for the
offences punishable under Sections 103(1), 238 and 61(2)
read with 3(5) of the Indian Penal Code (in short ‘IPC’).
3. The accused/petitioner is not named in the FIR
and is in custody since 08.08.2025.
4. As per FIR, the son of informant went outside
the home along with unknown persons on 18.12.2024 at
about 4.00 pm and after passing considerable time, upon
repeated calls, he could not contacted over phone and for said
reason, the present FIR was lodged. Subsequently, the dead
Patna High Court CR. MISC. No.2515 of 2026(2) dt.06-02-2026
2/3
body of the son of the informant was recovered.
5. It is submitted by learned counsel that the name
of this petitioner has been transpired during investigation out
of confessional statement of co-accused Shubham Kumar @
Rafttar and Rajdeep Kumar, in furtherance of which, no
incriminating material recovered/surfaced during investigation
as to connect petitioner prima facie with present occurrence of
murder. It is submitted that the said co-accused Rajdeep
Kumar has already been granted bail by this Court through
Cr. Misc. No.47661 of 2025 dated 04.09.2025. While
concluding argument, it is submitted that investigation of this
case is already completed, for which, charge-sheet has
submitted and, as such, there is no chance of tampering with
the evidence and moreover the petitioner is a man of clean
antecedent.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as paima facie save and except suspicion
arising out of confessional statement of co-accused, as
Patna High Court CR. MISC. No.2515 of 2026(2) dt.06-02-2026
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discussed aforesaid, nothing incriminating appears against
this petitioner as to connect him prima facie with present
crime in question, coupled with the fact that investigation of
this case is already completed, where petitioner remains in
custody since 08.08.2025, accordingly, the petitioner, above-
named, is directed to be released on bail furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned
A.C.J.M.-I, Rosera, Samastipur in connection with Bibhutipur
P.S. Case No.442 of 2024, subject to the conditions as laid
down under Section 437(3) of the Code of Criminal Procedure
(for short ‘CrPC’)/under Section 480(3) of the Bhartiya
Nagrik Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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