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Patna High Court

Khushboo KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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