Patna High Court
Khushboo KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that, in the absence of substantive evidence of complicity and considering the petitioner’s clean antecedent, bail must be granted.
Summary
Khushboo Kumari, a 22‑year‑old B.Sc. student, was arrested in connection with the murder of Sanjeev Kumar under Sections 103(1) and 238 of the Bihar Narcotic Substances Act, 2023. The prosecution’s case relied mainly on a confessional statement and alleged that she conspired with co‑accused after being blackmailed with nude photographs. The petitioner’s counsel argued that there was no substantive evidence of her participation, she was not the assailant, had a clean antecedent, and had been in custody since 19‑03‑2025. The State contended that she was part of a conspiracy to kill the deceased. The Court, noting the lack of material evidence, her gender, clean record, and the filing of the charge‑sheet, ordered her release on bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the accused in a murder‑conspiracy case where the primary evidence is a confessional statement and no other substantive material.
- Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238, 480(3)
Subjects
- bail
- murder
- conspiracy
- confessional statement
- clean antecedent
- Section 103
- Section 238
- Section 480
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72666 of 2025
Arising Out of PS. Case No.-82 Year-2025 Thana- ALAMNAGAR District- Madhepura
======================================================
Khushboo Kumari D/o Vijay Sah, R/o Village - Tirasi, Ward No. 11, P.S -
Puraini, District - Madhepura.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Alamnagar P.S. Case No. 82 of 2025 dated
13.03.2025, registered for the offences punishable under
Sections 103(1) and 238 of the B.N.S., 2023.
3. As per the prosecution case, a dead body was
recovered which was subsequently identified to be the body of
one Sanjeev Kumar. The name of the petitioner transpired
during investigation for being involved in a conspiracy of
murder of said Sanjeev Kumar.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is a lady, aged about twenty-
two years and she is a student of B.Sc. The petitioner has been
made an accused in this case on the basis of confessional
Patna High Court CR. MISC. No.72666 of 2025(3) dt.17-01-2026
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statement and apart from this confessional statement, there is no
material on record to show the complicity of the petitioner in the
alleged occurrence. Even from the confessional statement it is
evident that the petitioner is not the assailant and the allegation
of assault and killing Sanjeev Kumar is against other co-accused
persons, though the petitioner is stated to be a paramour of
Sanjeev Kumar. Learned counsel next submits that petitioner is
having clean antecedent and chargesheet has been submitted.
Learned counsel lastly submits that petitioner is in custody since
19.03.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that during investigation police came to know about the
relationship of the deceased with this petitioner and as the
deceased had been blackmailing the petitioner on the basis of
some nude photographs taken by the deceased, the petitioner
entered into a conspiracy with other co-accused persons for
doing away with the life of the deceased.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
lack of substantive material against the petitioner to show her
complicity and also considering the fact that she is a lady and
Patna High Court CR. MISC. No.72666 of 2025(3) dt.17-01-2026
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her clean antecedent, her period of custody and submission of
chargesheet, the petitioner, above-named, is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Udakishunganj, Madhepura / concerned Court, in
connection with Alamnagar P.S. Case No. 82 of 2025, subject
to the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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