Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Niraj Kumar, was arrested in connection with a murder case (PS Case No. 835 of 2023) under Sections 302 and 34 of the Indian Penal Code. He claimed he had no criminal antecedents and was falsely implicated due to his relationship with the victim, asserting that no CCTV footage existed and there were no eyewitnesses linking him to the crime. The prosecution opposed bail, but the court noted the absence of cogent material against the petitioner and that the charge sheet had already been filed. Considering the prolonged custody and lack of substantive evidence, the court decided to grant bail. Bail was set at Rs. 15,000 with two sureties, subject to conditions of family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 302/34 IPC given the nature of the offence and the evidence presented
- Whether the absence of CCTV footage and eyewitness identification justifies release on bail
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Section 302
- Section 34
- criminal procedure
- false implication
- CCTV
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76808 of 2025
Arising Out of PS. Case No.-835 Year-2023 Thana- GANDHIMAIDAN District- Patna
======================================================
Niraj Kumar S/o Late Gorakh Mahto R/o 60 Gali no. 01, Choudhary Tola,
Lalji Tola Exhibition Road, P.S- Gandhi Maidan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gouranga Chatterjee, Sr. Advocate
Mr. Nilanjan Chatterjee, Advocate
Mr. Ujjwal Raj, Advocate
Mr. Anirvan Choudhuri, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Gandhi
Maidan P.S. Case No. 835 of 2023 instituted for the offence
under Sections 302/34 of the Indian Penal Code.
3. As per prosecution case, informant, while on
patrolling, received information about a body lying at a location.
Upon reaching the scene, informant found a male dead body
with assault marks on the head and blood around the body.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 03.08.2025. Petitioner
bears no criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.76808 of 2025(3) dt.28-01-2026
2/3
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case, solely due to his relationship with the injured person,
while he neither participated in nor committed any offence. The
prosecution’s reliance on alleged C.C.T.V. footage is false, as no
such footage was seized, preserved, or available on record,
which is evident from the case diary itself. There is no specific
allegation or eyewitness account attributing any injury to the
petitioner, despite his being admittedly known to the witnesses.
The delayed arrest, absence of identification till the supervision
note and manipulated case diary clearly demonstrate a
concocted and false prosecution case. Charge sheet has already
been submitted in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
cogent material against the petitioner and charge sheet being
submitted, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
Patna High Court CR. MISC. No.76808 of 2025(3) dt.28-01-2026
3/3
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Gandhi Maidan P.S.
Case No. 835 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…