Patna High Court

Krishna Kumar @ Kunal KumarversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, finding insufficient evidence to justify continued detention.

Summary

The petitioner, Krishna Kumar, sought regular bail in a case registered under Section 137(2) of the Bihar Negotiable Instruments Act concerning the disappearance and alleged murder of a tempo driver. The prosecution's case relied primarily on a confessional statement by a co-accused, Naveen Kumar, which implicated the petitioner, while no other material linked him to the crime. The petitioner argued his innocence, lack of antecedents, and that the FIR was initially lodged against unknown persons, with the co-accused already granted bail. The State opposed the bail application. The court, noting the absence of substantive evidence beyond the co-accused's confession and the petitioner’s prolonged custody since 25‑08‑2025, decided to grant bail on condition of a bond and sureties.

Issues considered

Whether regular bail can be granted to the petitioner under Section 137(2) of the Bihar Negotiable Instruments Act in the absence of material evidence beyond a co-accused's confessional statement.

Legislation cited

Bihar Negotiable Instruments Act — s. 137(2)

Subjects

regular bail
confessional statement
Section 137(2)
judicial custody
co‑accused
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.416 of 2026
                     Arising Out of PS. Case No.-408 Year-2025 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Krishna Kumar @ Kunal Kumar S/O Ram Hirday Singh @ Ram Hriday
                 Singh R/O village - Satyamacha @ Satymacha @ Satymachcha, P.S.
                 -Sitamarhi, Dist.- Sitamarhi

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   18-02-2026                  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 137 (2) of

                   the BNS.

                                3. The case of the prosecution is that the son of the

                   informant, who was a tempo driver went missing in the evening

                   of 20.08.2025 when he was called on his mobile phone and

                   thereafter, his mobile was found switched off.

                                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 the

                   First Information Report was lodged against unknown
Patna High Court CR. MISC. No.416 of 2026(3) dt.18-02-2026
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          miscreants. During the course of investigation, co-accused

          person, namely Naveen Kumar made confessional statement and

          on the basis of the said statement, the name of this petitioner

          has surfaced. From the order of the learned trial court, it

          transpires that co-accused namely, Harikesh and Naveen Kumar

          are there in which they have confessed about their involvement

          in the alleged murder of the deceased Deepak Kumar. However,

          save and except the confessional statement of co-accused

          persons, there is no material on record to connect this petitioner

          with the alleged occurrence. He further submits that co-accused

          namely, Harikesh Kumar has already been granted bail by this

          court vide Cr. Misc. No. 6784 of 2026. Moreover, the petitioner

          is languishing in judicial custody since 25.08.2025 having no

          criminal antecedent.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular 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 Bathnaha P.S. Case No. 408 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
           Patna High Court CR. MISC. No.416 of 2026(3) dt.18-02-2026
                                                       3/3




                     Judicial Magistrate, 1st Class, Sitamarhi.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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