Patna High Court
Lili Kumar @ Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond and specified conditions.
Summary
The petitioner, Lili Kumar, was arrested in connection with a murder case (Sections 103(1) and 3(5) of the BNS) after a dead body was found near Ghassiyari Gali drain. The deceased's father and brother alleged that the petitioner was seen at the scene, but no eyewitness testimony or substantive material linked the petitioner to the crime, and the investigation was completed without the need for further custodial interrogation. The petitioner sought regular bail, arguing lack of cogent evidence and that he had been in custody since 29‑04‑2025. The State opposed bail. The court, after considering the facts, directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and verification of any other criminal antecedents.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under Sections 103(1) and 3(5) of the BNS.
- Whether the absence of eyewitness evidence and lack of cogent material justify granting bail.
- Whether the completed investigation and lack of need for further custodial interrogation affect the bail decision.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- BNS
- investigation
- no eyewitness
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7394 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Lili Kumar @ Shivam Kumar S/O Ashok Yadav @ Rajesh Gope R/O Village-
Paschim Darwaja, Infront of Mazar, P.S- Alamganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar
For the Opposite Party/s : Mr.Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 17-02-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Khajekalan P.S. Case No. 165 of 2025, registered for the
offences punishable under Sections 103(1), 3(5) of the BNS.
3. As per allegation, on 24.04.2025 at about 07:00
P.M., the informant’s son left home for some work but did not
return. After searching for him, the informant received
information from local residents that a dead body was lying near
Ghassiyari Gali drain. Upon reaching the spot, he found his son
lying dead and informed the police. It is further alleged that the
deceased had dispute with co-accused, Rahul Kumar, regarding
monetary transactions.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.7394 of 2026(2) dt.17-02-2026
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that there is no eyewitness to the occurrence. The father and the
brother of the deceased stated in their statements during course
of investigation that their associates had apprised them that the
petitioner was seen on the previous evening at the place of
occurrence. He has further submitted that the statements of the
father and the brother of the deceased are recorded in paragraph
nos. 12 and 23 of the case diary, respectively. They did not name
the persons from whom they received the information that the
deceased was present at the place of occurrence. During the
investigation, it was detected that the deceased was addicted to
consuming smack. The petitioner has been in custody since
29.04.2025 and there is no cogent material against him.
5. The investigation has been completed, and no
custodial interrogation is required.
6. On the other hand, the learned APP for the State has
opposed the prayer for bail.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate-Ist Class, Patna City in connection
Patna High Court CR. MISC. No.7394 of 2026(2) dt.17-02-2026
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with Khajekalan P.S. Case No. 165 of 2025, subject to the
following conditions that the petitioner shall cooperate in the
disposal of trial and make himself available as and when
required by the court.
8. Before accepting the bail bond, the criminal
antecedent of the petitioner shall be verified and if, it is
found that he is involved in any other case except the case(s),
mentioned in paragraph no. 3 of the bail petition, his bail
bond shall not be accepted.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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