Patna High Court
Krish Kumar @ KrishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court granted bail to the petitioner, holding that the absence of direct or indirect evidence warranted the exercise of its inherent powers under Section 482 to prevent abuse of process.
Summary
Krish Kumar filed a bail petition fearing arrest in a case registered under Sections 126(2), 103(1), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, where an informant alleged that he and co‑accused killed her son. The petitioner's counsel argued that the informant was not an eye‑witness and that only a telephonic conversation linked the petitioner to the incident, with no direct or indirect evidence of his participation and a clean antecedent. The State opposed the bail on the ground of the seriousness of the alleged offences. The Court examined the lack of substantive evidence and the principle that bail may be granted when the prosecution's case is weak. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- What is the appropriate exercise of the High Court's power under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in granting bail when the prosecution's case is based solely on suspicion and lacks direct evidence?
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 126(2), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- presumption of innocence
- lack of evidence
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72693 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- SABAUR District- Bhagalpur
======================================================
Krish Kumar @ Krish S/o- Manoj Chaudhary R/o- Kanhay Lal Gali
Mayagunj Ps- Barari Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Swapnil Kumar Singh
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 103(1), 61(2),
3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. Informant suspects that this petitioner along with
other co-accused persons killed her son.
4. Learned counsel for the petitioner submits that
from perusal of F.I.R., it is apparent that informant is not an eye-
witness to the occurrence and only suspicion has been raised
against petitioner because there was telephonic talk between this
petitioner and deceased on the alleged date of occurrence.
During investigation, no one has claimed to have seen this
petitioner committing the alleged offence. There is no direct or
indirect evidence against petitioner to show his complicity in the
alleged occurrence. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.72693 of 2025(4) dt.28-01-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Bhagalpur in connection with Sabour P.S. Case No. 95
of 2025, subject to condition as laid down under Section 482 of
the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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