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Patna High Court

Bhawani KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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