Patna High Court
Jwala kumar @ Jwala chaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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