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Patna High Court

Jwala kumar @ Jwala chaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in view of the forensic report showing no poison and only a ligature mark, the petitioner is entitled to regular bail.

Summary

Jwala Kumar, also known as Jwala Chaudhary, was arrested in connection with a case involving the kidnapping of a student and the subsequent death of her son, who was found hanging. The prosecution alleged that Kumar, the brother of the alleged kidnapper, poisoned the victim and then hanged the body, charging him under Sections 103(1), 87, 61(2) and 137(2) of the B.N.S. The petitioner pleaded innocence, highlighted his clean antecedents, and offered to cooperate with the investigation. The State opposed the bail application, citing the seriousness of the offences. The court examined the forensic science laboratory report, which found no poison in the victim’s viscera and only a ligature mark on the neck. Based on these findings, the court allowed the petitioner's regular bail, directing the release upon furnishing a bail bond and sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under Sections 103(1), 87, 61(2) and 137(2) of the B.N.S.
  • Whether the forensic report negating the presence of poison justifies granting bail.

Legislation cited

  • B.N.S. — s. 103(1), 137(2), 61(2), 87

Subjects

  • bail
  • criminal procedure
  • forensic report
  • ligature mark
  • poison allegation
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7124 of 2026
                     Arising Out of PS. Case No.-162 Year-2025 Thana- KUDHNI District- Muzaffarpur
                 ======================================================
                 Jwala kumar @ Jwala chaudhary son of Ishwar Chaudhary Resident Of
                 Village- Balia P.s- Kudhani Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dwij Raj, Advocate
                 For the Opposite Party/s :       Mr.Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   08-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Kudhani P.S. Case No. 162/2025 registered for the offences

                   punishable under Sections 103(1), 87, 61(2), 137(2) of the

                   B.N.S.

                                3. As per the prosecution case, Neha Kumari a

                   student, was kidnapped by Ravi Kumar while going to college.

                   When she didn’t return, her family searched for her. On

                   23.11.2025, her son Aditya Kumar @ Bittu was found dead,

                   hanging from a ceiling fan.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that petitioner is
              Patna High Court CR. MISC. No.7124 of 2026(4) dt.08-04-2026
                                                          2/2




                        the brother of Ravi Kumar with whom the daughter of the

                        informant had eloped and informant alleged that her son was

                        killed by the petitioner and others by poisoning him and

                        thereafter, they hanged his dead body from a ceiling fan.

                        Petitioner has clean antecedent and he is in custody since

                        25.11.2025. The petitioner undertakes to co-operate in the case/

                        trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the case

                        as well as the FSL report shows that no poison has been found

                        in the viscera of the deceased and there is no ante-mortem injury

                        except one non-continuous oblique ligature mark on the neck,

                        this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

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

                        satisfaction of the learned A.C.J.M. I, Muzaffarpur (West),

                        Muzaffarpur/concerned Court below in connection with

                        Kudhani P.S. Case No. 162/2025.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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