Patna High Court
Birju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court allowed the bail application, granting regular bail to the petitioner.
Summary
The petitioner, Birju Kumar, applied for regular bail in a murder‑theft case registered under the Bharatiya Nyaya Sanhita, 2023. The charge‑sheet alleged that the informant’s wife was killed with an iron rod and her gold rings were stolen, and the petitioner was implicated based on a confessional statement, CCTV identification, and seized gold bangles. The petitioner contended that the FIR originally named unknown persons, that the evidence was merely circumstantial, that the seized items were not subjected to a test identification parade, and that no call‑detail records were produced. The State opposed bail, arguing the seriousness of the offences. After considering the submissions, the court held that the evidence did not establish a prima facie case strong enough to deny liberty and ordered the petitioner released on bail upon furnishing bonds and sureties.
Issues considered
- Whether bail should be granted in a murder‑theft case where the prosecution’s evidence consists mainly of suspicion, a confessional statement, CCTV identification, and seized items.
- Whether the absence of a test identification parade and call‑detail records weakens the prosecution’s case to the extent that bail must be denied.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 103(2), 309(4), 317(2), 3(5)
Subjects
- bail
- murder
- theft
- suspicion
- evidentiary value
- Bharatiya Nyaya Sanhita
- criminal procedure
- seizure
- rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4629 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- Mathurapur District- Samastipur
======================================================
Birju Kumar Son of Naresh Paswan R/o Village- Mannipur Sari, P.S. -
Mathurapur, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Bhushan Prasad, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Mathurapur P.S. Case No. 77 of 2025 dated 21.09.2025,
registered under Sections 103(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023. Subsequently, after completion of
investigation, the charge-sheet has been submitted under
Sections 103(1), 309(4), 317(2), and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the
informant’s wife was murdered in the godown by an unknown
assailant using an iron rod and her golden rings were stolen.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.4629 of 2026(3) dt.25-02-2026
2/3
present case. It is further submitted that the FIR was initially
lodged against unknown persons and the petitioner was not
named therein. It is further submitted that during course of
investigation, the petitioner was arrested only on the basis of
suspicion. The petitioner has been implicated mainly on the
basis of an alleged confessional statement, which has no
evidentiary value. It is submitted that the petitioner’s
implication is based on the informant’s identification from
CCTV footage, as mentioned in paragraph no. 10 of the case
diary and the statement of the informant’s landlord, Mahadeo
Jha, as mentioned in paragraph no. 9 of the case diary. On the
basis of the said materials, the police conducted a raid at the
house of the petitioner and arrested him. It is submitted that on
search two golden like bangles and the clothes claimed to have
been worn at the time of occurrence were recovered from the
petitioner’s house, as noted in the seizure list at paragraph no.
24 of the case diary. However, the seizure does not prove the
petitioner’s involvement and, at best, only creates suspicion
against him. Further, the golden bangles were not put to a Test
Identification Parade and therefore, casts doubt on the recovery.
Further, the Investigating Officer has also not collected the
petitioner’s Call Detail Record (CDR) . In the absence of any
Patna High Court CR. MISC. No.4629 of 2026(3) dt.25-02-2026
3/3
cogent evidence, the petitioner has been implicated merely on
suspicion and in fact, he has no concern with the alleged
offence. Lastly, it is submitted that the petitioner has been in
judicial custody since 22.09.2025 and has no criminal
antecedents and the charge-sheet has already been submitted in
this case.
5. Learned counsel for the State has opposed the
prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Court of Judicial
Magistrate 1st Class, Samastipur, in connection with Mathurapur
P.S. Case No.77 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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