Patna High Court
Bhawani KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Bhawani Kumar, sought bail fearing arrest in a case registered under IPC sections 341, 323, 324, 302 and 34 for the alleged murder of an informant's son. The FIR did not name the petitioner; his name surfaced only in the confessional statement of co‑accused Nikhil Yadav, who had already been granted bail. There were no eyewitnesses and the prosecution’s case relied solely on circumstantial evidence, with no material linking the petitioner to the crime. The petitioner asserted his innocence, clean antecedent and lack of any direct evidence against him. The State opposed bail, but the Court, noting the absence of substantive proof, the petitioner’s clean record and the principle of liberty, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner in the absence of direct evidence and only a confessional statement linking him to the alleged offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- criminal procedure
- confessional statement
- circumstantial evidence
- clean antecedent
- Indian Penal Code
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28957 of 2026
Arising Out of PS. Case No.-721 Year-2022 Thana- NAUBATPUR District- Patna
======================================================
Bhawani Kumar S/O Surdev Paswan @ Sukhdev Paswa R/Vill.- Babhan
Kanpa, P.S.- Bikram, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Eashita Raj , Advocate
For the Opposite Party/s : Mr. Nityanand , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 341, 323, 324, 302,
34 of the Indian Penal Code.
3. As per F.I.R. informant suspects that all the FIR
named accused persons including 3 to 4 unknown accused
persons committed murder of his son .
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
present case . Petitioner is not named in the FIR. The name of
petitioner transpired, during investigation in the confessional
statement of co-accused Nikhil Yadav who has already been
granted bail by Co-ordinate Bench of this Hon’ble Court vide
Patna High Court CR. MISC. No.28957 of 2026(2) dt.12-05-2026
2/2
order dated 08.08.2023 in Cr. Misc. No. 11526 of 2023. There is
no eye witness to the alleged occurrence. The case is based on
circumstantial evidence. Save and except confessional
statement, there is no other material on record against this
petitioner to show his involvement in the alleged occurrence .
Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned ACJM- VI
Patna in connection with Naubatpur P.S. Case No. 721 of 2022 ,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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