Patna High Court
Samir Kumar @ Sameer Kumar @ Sameer ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner on furnishing a bail bond with conditions.
Summary
The petitioner, Samir Kumar, was arrested in connection with a murder case (PS Case No.30 of 2025) and charged under Sections 103(1), 80, 238 and 3(5) of the BNS, 2023. He applied for bail, arguing that he has a clean antecedent, the FIR was lodged more than three months after the alleged incident, and no incriminating material has been found against him during investigation. The informant opposed bail, alleging the petitioner’s involvement in the murder and questioning the circumstances of the death. The court noted the delay in filing the FIR, the absence of any evidence linking the petitioner to the crime, and his clean record, and therefore ordered his release on bail subject to a bond of Rs.10,000 with two sureties and several conditions. The bail order also directed the lower court to verify the petitioner’s antecedent and to cancel bail if he tampers with evidence or absents himself from trial without sufficient cause.
Issues considered
- Whether bail can be granted in a murder and conspiracy case despite serious charges.
- Whether the three‑month delay in filing the FIR is a factor favoring bail.
- Whether the lack of investigative material against the petitioner warrants his release on bail.
- Whether the conditions imposed by the court are appropriate for the grant of bail.
Legislation cited
- BNS, 2023 — s. 103(1), 238, 3(5), 80
Subjects
- bail
- murder
- criminal conspiracy
- delay in FIR
- clean antecedent
- Section 103(1) BNS
- Section 80 BNS
- Section 238 BNS
- Section 3(5) BNS
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5350 of 2026
Arising Out of PS. Case No.-30 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Samir Kumar @ Sameer Kumar @ Sameer Thakur Son of Sri Suresh Thakur
Resident of mohalla Officer's Colony Chakiya, Ward No.- 10, P.S.- Chakia,
District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Thakur, Advocate
For the Opposite Party/s : Ms.Nirmala Kumari, APP
For the Informant : Mr. Mritunjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 29-04-2026 Heard Mr.Ajay Kumar Thakur, learned counsel for the
petitioner, learned counsel for the informant and Mr. Mritunjay
Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
24.09.2025 in connection with Chakia P.S. Case No.30 of
2025, F.I.R. dated 23.01.2025 registered for the offence
punishable under Sections 103(1),80,238,3(5) of BNS, 2023.
3. Allegation against the petitioner is that he
alongwith other co-accused persons in criminal conspiracy with
each other have committed murder of daughter of the informant.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR that the date of occurrence as alleged in the FIR is
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14.10.2024 but the present FIR has been instituted on
23.01.2025 after delay of more than three months without
giving any explanation of delay. Learned counsel for the
petitioner submits that from a bare perusal of the FIR it appears
that the petitioner has informed the informant about the death of
the deceased and they have come from Bishakhapatnam.
Thereafter, in presence of the informant and her family
members, the dead body of the deceased was cremated and the
informant has filed the present case afterthought only to falsely
implicated the petitioner and other family members and in fact
the deceased has died due to hard attack and she has been
referred to AIIMS, New Delhi and she has also been treated by
Dr.Sanjay Kumar and as per allegation with respect to the
petitioner wants to grab the LIC amount. Learned counsel for
the petitioner submits that in fact the petitioner had already
made several fixed deposits in the name of the deceased
(Annexure-5 series), apart from the aforesaid, after the death of
the deceased, the petitioner has fixed Rs. 10,00,000/- (Ten Lacs)
each in the name of the children in post-office and SBI Life
Policy of Rs. Thirty Lacs each in favour of the children. Learned
counsel for the petitioner submits that earlier the petitioner
moved before this Court for grant of anticipatory bail in
Patna High Court CR. MISC. No.5350 of 2026(5) dt.29-04-2026
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Cr.Misc. No. 40135 of 2025 but the same was dismissed vide
order dated 03.09.2025. Thereafter, the petitioner has again
moved before the Hon’ble Apex Court in Special Leave to
Appeal (Crl) No. 14676 of 2025 but the same was dismissed.
Thereafter, in compliance to the order of the Hon’ble Apex
Court the petitioner has surrendered on 24.09.2025. Learned
counsel for the petitioner further submits that nothing has come
during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence and apart
from the aforesaid, the marriage of the petitioner with the
deceased took place on 29.11.2017 and between 2017 till death
of the deceased, the informant has not made any complaint
against the petitioner before any authority concerned.
5. Learned counsel for the informant and learned APP
for the State, on the other hand, have vehemently opposed the
prayer for bail of the petitioner and submits that the petitioner is
responsible for the present occurrence and further submits that if
the deceased has died in the hospital why the Hospital has not
issued the death certificate, apart from that, the learned counsel
for the informant submits that the deceased has not been treated
in the AIIMS, New Delhi.
6. Considering the aforesaid fact, petitioner has clean
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antecedent, the FIR has been instituted after delay of more than
three months, nothing has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence, apart from that, the informant has
participated in the last rites of the deceased and deceased had
died due to Hard Attack, let the petitioner, above named, 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 Judicial Magistrate 1st Class, East
Champaran, Motihari in connection with Chakia P.S. Case
No.30 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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