Patna High Court
ARUN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Arun Kumar was arrested in connection with a murder case (PS Harsidhi Case No. 478 of 2024) under Sections 103, 61(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case is based on an informant’s allegation that Kumar and others killed the informant’s son, but the informant was not an eyewitness and no other substantive evidence was presented. Kumar contended that he has a clean antecedent and was implicated merely on suspicion, noting that co‑accused had been granted anticipatory bail in earlier orders. The court, after considering the lack of material evidence and the clean record, granted bail to Kumar subject to a bond of Rs. 10,000 with two sureties and several conditions regarding cooperation, non‑tampering of evidence, and verification of antecedents. The bail order was directed to be implemented by the Judicial Magistrate‑First Class, East Champaran.
Issues considered
- Whether bail should be granted to the petitioner in a murder case where the prosecution’s evidence is limited to suspicion and the informant is not an eyewitness.
- Whether the grant of anticipatory bail to co‑accused persons influences the bail decision for the petitioner.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 3(5), 61(2)
Subjects
- bail
- murder
- suspicion
- anticipatory bail
- criminal antecedent
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7304 of 2026
Arising Out of PS. Case No.-478 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
ARUN KUMAR S/o- Mahendra Ram Resident of village- Laukariya PS-
Harsiddhi District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pragya Bharti, Advocate
: Mr. Aditya Kumar Pandey
For the State : Mr. Bhanu Pratap Singh, APP
For the Informant : Mr. Anant Kumar Mishra, Advocate
: Mr. Deepak Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 03-04-2026 Heard Ms. Pragya Bharti, learned counsel for the
petitioner, Mr. Bhanu Pratap Singh, learned Additional Public
Prosecutor for the State as well as Mr. Anant Kumar Mishra,
learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
17.11.2025 in connection with Harsidhi P.S. Case No. 478 of
2024, F.I.R. dated 07.09.2024 for the offences punishable under
Sections 103, 61(2) 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other accused persons due
to earlier dispute committed the murder of informant’s son and
threw his body in the field of Panna Lal Singh.
Patna High Court CR. MISC. No.7304 of 2026(3) dt.03-04-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case merely on the basis that he was
last seen with the deceased and except the aforesaid, no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present occurrence.
Informant is not the eye witness of the alleged occurrence and
even no one had seen the alleged occurrence and petitioner has
been made accused merely on the basis of suspicion. He next
submits that and similarly situated co-accused persons, namely,
Amresh Kumar @ Amresh Kumar, Arjun Kumar, Pundeo Ram,
Lalita Devi and Madhu Kumari have been granted the privilege
of anticipatory bail by this Court vide order dated 23.06.2025,
14.07.2025, 10.07.2025 in Cr. Misc. No. 23792 of 2025, Cr.
Misc. No. 26425 of 2025 and Cr. Misc. No. 26614 of 2025. He
further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in
custody since 17.11.2025.
5. The learned Additional Public Prosecutor as well as
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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petitioner has clean antecedent and except suspicion, no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present occurrence and
similarly situated co-accused persons have been granted the
privilege of anticipatory bail by this Court let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate-1st
Class, East Champaran, Motihari in connection with Harsidhi
P.S. Case No. 478 of 2024,, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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