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Patna High Court

Suman KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court denied bail to the petitioner.

Summary

The Patna High Court considered a bail application filed by Suman Kumar, who has been in judicial custody since 18 May 2025 in connection with Rangra P.S. Case No. 96 of 2025, an offence alleged under Sections 80 and 3(5) of the Bharatiya Nyay Snahita, 2023. The petitioner contended that he was falsely implicated, citing a clean antecedent and claiming the FIR was fabricated because he is the husband of the deceased. The State opposed bail, relying on a forensic medical report (FSL) that purportedly supports the charge of poisoning the informant’s daughter. After hearing both parties, the Court held that the circumstances and the medical evidence did not justify release on bail. Consequently, the prayer for bail was refused and the application dismissed.

Issues considered

  • Whether bail should be granted to an accused in a murder‑type offence under Sections 80 and 3(5) of the Bharatiya Nyay Snahita, 2023 in view of the medical evidence.
  • Whether the petitioner’s claim of false implication and clean antecedent is sufficient to merit bail.

Subjects

  • bail
  • murder
  • poisoning
  • false implication
  • medical evidence
  • Bharatiya Nyay Snahita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62660 of 2025
                       Arising Out of PS. Case No.-96 Year-2025 Thana- Rangara District- Bhagalpur
                 ======================================================
                 Suman Kumar S/o Bhola Harijan @ Bhola Das R/o Village- Sadhopur, P.S.-
                 Rangra Chowk, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

7   10-03-2026                     Heard Mr. Sharda Nand Mishra, learned counsel for

                   the petitioner and Mr. Bhanu Pratap Singh, learned A.P.P. for the

                   State.

                                   2. The petitioner seeks bail, who is in custody since

                   18.05.2025 in connection with Rangra P.S. Case No. 96 of 2025

                   FIR dated 17.05.2025 registered for the offence under Sections

                   80, 3(5) of the Bharatiya Nyay Snahita, 2023.

                                   3. Allegation against the petitioner is that he along

                   with other co-accused persons killed the daughter of the

                   informant by administering poison.

                                   4. Learned counsel appearing for the petitioner has

                   clean antecedent and he has falsely been implicated in this case. He

                   further submits that the allegation as alleged in the F.I.R. is false and

                   fabricated and the petitioner has not committed any offences
            Patna High Court CR. MISC. No.62660 of 2025(7) dt.10-03-2026
                                                        2/2




                      as alleged in the F.I.R. and he has been made accused merely on

                      the basis that he is husband of the deceased and the petitioner is

                      rotting in judicial custody since 18.05.2025.

                                      5. Learned counsel for the State, on the other hand,

                      has vehemently opposed the prayer for bail of the petitioner and

                      submits that the allegation against the petitioner is supported by

                      the medical evidence (FSL report).

                                      6. Considering the facts and circumstances of the

                      case, I am not inclined to enlarge the petitioner on bail in

                      connection with Rangra P.S. Case No. 96 of 2025 pending in the

                      Court of A.C.J.M.-1, Naugachia, Bhagalpur.

                                      7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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