Patna High Court
Navin KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Navin Kumar, applied for bail in a case registered as Athmalgola P.S. Case No. 45 of 2025, which alleged his involvement in the murder of an informant’s son and daughter‑in‑law under Sections 103(1), 118(1), 109(1) and 3(5) of the B.N.S., 2023. The prosecution’s case was that the victims were killed by unknown miscreants and that the informant suspected the petitioner and another accused, Chandrabhushan Kumar. The petitioner’s counsel argued that he is innocent, has no criminal antecedent, that the FIR merely records the informant’s suspicion without any concrete material, and that a co‑accused has already been granted bail in a similar case. The State opposed the bail, contending that the allegations warrant continued custody. After hearing both sides, the court found the evidence against the petitioner to be insufficient to deny bail and noted the similarity to the earlier bail order. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023.
- Whether the material on record establishes a prima facie case sufficient to justify denial of bail.
Legislation cited
- B.N.S., 2023 — s. 103(1), 109(1), 118(1), 3(5)
Subjects
- bail
- criminal procedure
- presumption of innocence
- investigation
- sureties
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69147 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Navin Kumar S/o Dinesh Yadav R/o Village- Fulelpur, P.S.- Athmalgola,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 18-03-2026 Heard learned counsel for the petitioner and learned
learned APP for the State.
2. The petitioner has prayed for bail in connection
with Athmalgola P.S. Case No. 45 of 2025 registered for the
offence punishable under Sections 103(1), 118(1), 109(1), 3(5)
of the B.N.S., 2023.
3. The case of the prosecution in short is that the
informant’s son and daughter-in-law were killed by unknown
miscreants.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that in the FIR, it has been stated that the
informant believes that this petitioner and Chandrabhushan
Patna High Court CR. MISC. No.69147 of 2025(4) dt.18-03-2026
2/3
Kumar are instrumental in the murder of his son and daughter-
in-law. Learned counsel has submitted that though it is stated
that the informant came to know about the petitioner and one
Chandrabhushan but from the entire investigation, it is not clear
as to who has disclosed him that the petitioner and one
Chandrabhushan were involved in the murder of the deceased.
He has also submitted that two witnesses have only suspected
the role of this petitioner but no any concrete material has come
against him. He has further submitted that similarly situated co-
accused namely, Chandrabhushan Kumar has already been
granted bail by this Court vide Cr. Misc. No. 82411 of 2025.
The case of this petitioner stands on similar footing. A statement
has been made in para-3 of this petition that the petitioner has
got no criminal antecedent. Moreover, he is languishing in
judicial custody since 08.03.2025.
5. The application for bail is vehemently opposed by
learned APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.69147 of 2025(4) dt.18-03-2026
3/3
of the like amount each to the satisfaction of the learned
S.D.J.M., Barh, Patna in connection with Athmalgola P.S. Case
No. 45 of 2025.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…