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Patna High Court

Pradip Kumar @ Pradeep Kumar @ Jimmi Thakur @ JimmyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, despite the lack of direct evidence, the petitioner’s familial connection to the main accused rendered him prima facie implicated, warranting the enlargement of bail subject to statutory conditions.

Summary

The petitioner, Pradip Kumar, was named in an FIR (Gopalpur PS Case No. 58 of 2024) for offences under Sections 363, 302/34 of the IPC relating to the disappearance of an informant’s wife. The petitioner contended that, apart from a familial link to the main accused Karelal Thakur, there was no material evidence against him and he had a clean antecedent. The State argued that the informant’s statement, though not an eye‑witness, created a prima facie case of involvement due to the petitioner’s relationship with the co‑accused. The Court observed that the informant’s testimony was insufficient to exonerate the petitioner but, on the basis of suspicion and the familial connection, the petitioner was prima facie implicated. Consequently, the Court ordered that the petitioner’s bail be enlarged, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S. The order effectively granted bail to the petitioner.

Issues considered

  • Whether the petitioner can be granted bail when the only basis for his implication is suspicion arising from his relationship with the main accused
  • Whether the informant’s statement, lacking eye‑witness testimony, suffices to justify denial of bail
  • Applicability of Section 438(2) CrPC and Section 482(2) B.N.S.S. in granting bail in this circumstance

Legislation cited

Subjects

  • bail
  • suspicion
  • familial relation
  • IPC sections 363 302
  • CrPC Section 438
  • B.N.S.S. Section 482
  • high court
  • FIR
  • informant testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62852 of 2024
                     Arising Out of PS. Case No.-58 Year-2024 Thana- GOPALPUR District- Bhagalpur
                 ======================================================
                 Pradip Kumar @ Pradeep Kumar @ Jimmi Thakur @ Jimmy Son of
                 Manoj Kumar Thakur Resident of Village -Rangra, PS- Rangra, District
                 -Bhagalpur
                                                                       ... ... Petitioner
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pranav Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   03-02-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Gopalpur P.S.

                   Case No. 58 of 2024 registered for the offences punishable

                   under Sections 363, 302/34 of the Indian Penal Code.

                             3. As per FIR, the wife of informant found missing

                   while she went to deliver the milk to co-villager since

                   16.02.2024.

                             4. Learned counsel appearing on behalf of the

                   petitioner submitted that save and except suspicion, nothing

                   appears against the petitioner. In support of his submission,

                   learned counsel drawn attention of this Court towards
Patna High Court CR. MISC. No.62852 of 2024(6) dt.03-02-2026
                                            2/3




          paragraph 23 of the case diary and submitted that thrust of

          allegation is available against Karelal Thakur, who has already

          been granted regular bail by this Court, and this petitioner

          being only nephew of said co-accused Karelal Thakur,

          implicated with the present occurrence. It is further submitted

          that if paragraph 23 of the case diary i.e. re-statement of

          informant, be taken into consideration, then certainly the co-

          accused persons must be named in the FIR, but missing of

          their names in the FIR only suggests that petitioner and other

          co-accused persons were named as a matter of an

          afterthought. Petitioner claimed clean antecedent.

                   5. Learned A.P.P. for the State is present.

                   6. In view of aforesaid factual submission and by

          taking note of the fact as admittedly informant is not an eye

          witness of the occurrence, where merely on the basis of

          suspicion, as the petitioner is nephew of main accused Karelal

          Thakur as mentioned aforesaid, prima facie appears

          implicated with the present case, accordingly, above-named

          petitioner, in the event of his arrest/surrender within a period

          of four weeks from this order, is directed to be enlarged on
           Patna High Court CR. MISC. No.62852 of 2024(6) dt.03-02-2026
                                                       3/3




                     bail on furnishing of bail bond of Rs.10,000/- (ten thousand

                     only) with two sureties of the like amount each to the

                     satisfaction of learned Additional Chief Judicial Magistrate –

                     1st, Naugachhia, District - Bhagalpur/concerned court in

                     connection with Gopalpur (Rangra) P.S. Case No. 58 of 2024,

                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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