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Patna High Court

Navin KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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          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
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                      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


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