Patna High Court

Kundan KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The petitioners are entitled to bail and must be released upon furnishing the prescribed bond and sureties.

Summary

The petitioners, Rajendra Kumar and Kundan Kumar, were arrested in connection with a murder case (Malsalami PS Case No. 563 of 2024) and charged under Sections 103 and 3(5) of the B.N.S. 2023. They argued that they were falsely implicated, not named in the FIR, and that the only evidence against them was a confessional statement that did not lead to recovery. The prosecution opposed bail, citing the seriousness of the offences. The court examined the lack of direct incriminating material and the fact that a co‑accused had already been granted bail. Considering these circumstances, the court ordered that both petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, thereby disposing of the bail petitions.

Issues considered

Whether bail should be granted to the petitioners under Sections 103 and 3(5) of the B.N.S. 2023 in the absence of direct incriminating evidence.
Whether the petitioners were properly implicated in the FIR and whether the prosecution’s case warrants continued detention.

Legislation cited

B.N.S., 2023 — s. 103, 3(5)

Subjects

bail
criminal procedure
B.N.S. 2023
Section 103
Section 3(5)
false implication
murder case

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.44650 of 2025

                     Arising Out of PS. Case No.-563 Year-2024 Thana- MALSALAMI District- Patna
                 ======================================================
                 Rajendra Kumar @ Petaari @ Patori S/O Late Manhak Ray R/O Village-
                 Kauakhoh, PS- Chowk, Distt- Patna                ... ... Petitioner/s


                                                      Versus
                 The State of Bihar
                                                                          . ... Opposite Party/s


                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 45271 of 2025
                     Arising Out of PS. Case No.-563 Year-2024 Thana- MALSALAMI District- Patna
                 ======================================================
                 Kundan Kumar S/O Rajendra Ray @ Gorakh Rai R/O Mohalla- Patthar Ghat,
                 P.S- Malsalami, Distt.- Patna
                                                                   ... ... Petitioner/s


                                                      Versus
                 The State of Bihar                                      ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 44650 of 2025)
                 For the Petitioner/s     : Mr.Jay Ram Prasad
                 For the Opposite Party/s : Mr.Arun Kumar Pandey
                 (In CRIMINAL MISCELLANEOUS No. 45271 of 2025)
                 For the Petitioner/s     : Mr.Arvind Kumar Pradhan
                 For the Opposite Party/s : Mr.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   05-01-2026                Both the cases arise out of the same case i.e.

                   Malsalami P.S. Case No. 563 of 2024 and accordingly, they are

                   being heard together and disposed of with this common order.

                              2. Heard learned counsel for the petitioners and

                   learned APP for the State.

                              3. The petitioners seek bail in a case registered for the
Patna High Court CR. MISC. No.44650 of 2025(4) dt.05-01-2026
                                            2/3




          offence punishable under Sections-103 & 3(5) of B.N.S. 2023.

                       3. As per prosecution case, the informant alleged that

          his brother used to ply “Thela” and on the fateful day, he

          received information that the dead body of his brother was

          found at Patharghat, thereafter, the informant went there and

          found that the police was there and the face of his brother was

          brutally damaged.

                       4. Learned counsel for the petitioners has submitted

          that the petitioners are innocent and they have falsely been

          implicated in this case. As a matter of fact, the deceased himself

          was a drunkard. The petitioners are not named in the FIR and

          except confessional statement which is not leading to recovery,

          there is nothing against the petitioners. It has also been

          submitted that according to investigation, the deceased used to

          tease the co-accused Sudama Devi and the co-accused Sudama

          Devi has been granted bail by a co-ordinate bench of this court.

          The petitioners are in custody since 15-01-2025.

                       5. Learned APP has opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner named above, be released on bail on furnishing

          bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned Sub Judge-IV-
            Patna High Court CR. MISC. No.44650 of 2025(4) dt.05-01-2026
                                                        3/3




                      cum-A.C.J.M.-IV, Patna City in connection with Malsalami P.S.

                      Case No. 563 of 2024.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T

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