Patna High Court
Muni Karmakar @ Muni KarmkarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioners upon payment of bond and sureties.
Summary
The petitioners, who are in‑laws of the deceased, were arrested in connection with a murder case (Barsoi P.S. Case No. 233 of 2025) under Sections 103(1) and 3(5) of the B.N.S. The prosecution alleged that the petitioners killed the informant's daughter, while the petitioners claimed they were falsely implicated and had no criminal antecedent. The petitioners had been in judicial custody since September and October 2025, and the informant, who is the father of the deceased, opposed the bail application. The State and the informant also opposed the bail, arguing the seriousness of the offences. The court considered the petitioners' familial relationship, lack of prior record, the length of custody already served, and the absence of any direct evidence linking them to the crime. Consequently, the court ordered that the petitioners be released on regular bail upon furnishing a bond of Rs. 10,000 with two sureties each.
Issues considered
- Whether regular bail can be granted to the accused under Sections 103(1) and 3(5) of the B.N.S.
- Whether the petitioners' status as in‑laws, lack of criminal antecedent, and period of custody justify bail
- Whether the prosecution's evidence is sufficient to deny bail
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- regular bail
- criminal procedure
- murder
- in‑laws
- false implication
- judicial custody
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.348 of 2026
Arising Out of PS. Case No.-233 Year-2025 Thana- BARSOI District- Katihar
======================================================
1. Muni Karmakar @ Muni Karmkar S/O Late Chiku Karmarkar Resident of
village- Maheshpur, Police Station- Barsoi, District- Katihar.
2. Sampa Karmakar @ Sampa Karmkar W/O Mohan Karmakar Resident of
village- Maheshpur, Police Station- Barsoi, District- Katihar.
3. Mohan Karmakar @ Mohan Karmkar S/o Muni Karmakar @ Muni Karmkar
Resident of village- Maheshpur, Police Station- Barsoi, District- Katihar.
4. Rama Devi @ Roma Devi @ Roma Karmakar W/o Muni Karmakar @ Muni
Karmkar Resident of village- Maheshpur, Police Station- Barsoi, District-
Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the State : Mr. Satya Nand Shukla, APP
For the Informant : Mr. Rananjay Kumar, Advocate
Mr. Harish Chandra Patel, Advocate
Mr. Sumit Kumar Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners seek regular bail in connection with
Barsoi P.S. Case No. 233 of 2025 for the offences registered
under Sections 103(1), 3(5) of the B.N.S.
3. As per the prosecution case, daughter of the
informant was killed by the petitioners (in-laws).
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. Petitioners are in-laws of the deceased. Informant is not
Patna High Court CR. MISC. No.348 of 2026(3) dt.23-02-2026
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the eyewitness to the occurrence. Daughter of the informant was
married with co-accused Madan Karmakar ten years ago having
two children. Husband of the deceased is already in custody.
Petitioners have no criminal antecedent. Petitioner Nos. 1, 2 and
3 are in judicial custody since 19.09.2025 and Petitioner No. 4 is
in judicial custody since 13.10.2025. Petitioners were living
separately from the deceased and her husband. They have no
concern with the family affairs of the deceased and her husband.
5. Learned counsel appearing on behalf of the State
and learned counsel for the informant oppose the prayer for
grant of bail to the petitioners.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, petitioners are in-
laws and period of custody undergone by the petitioners, let the
petitioners, named above, be enlarged on bail upon furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate- 1, Katihar in connection with Barsoi
P.S. Case No. 233 of 2025.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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