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Patna High Court

Binit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Binit Kumar, sought bail in a case registered as Lohiyanagar P.S. Case No. 93 of 2025, which involved alleged offences under Sections 140(2), 61(2), 103(1), 238 and 3(5) of the B.N.S. The prosecution alleged that the petitioner was involved in a money‑demand incident linked to the informant’s son and a co‑accused, Guddu Paswan. The petitioner contended that he was falsely implicated, with only the confessional statement of co‑accused Abhinav Kumar naming him, and that he had been in judicial custody since 4 September 2025. The State opposed bail, arguing the seriousness of the charges. After hearing both sides, the court found insufficient direct evidence against the petitioner and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail order was directed to be satisfied before the Chief Judicial Magistrate, Begusarai.

Issues considered

  • Whether the petitioner is entitled to bail despite the allegations and the co‑accused’s confessional statement naming him

Legislation cited

  • B.N.S. — s. 103(1), 140(2), 238, 3(5), 61(2)

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • co‑accused
  • false implication
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7748 of 2026
                  Arising Out of PS. Case No.-93 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
                 ======================================================
                 Binit Kumar, S/O Deepak Ranjan @ Deepak Singh, R/O Vill.- Sakarwar Tola,
                 Ward no. 15, P.S.- Mokamah, Dist.- Patna

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramakant Sharma, Sr. Advocate
                                                 Mr. Mayank Raj, Advocate
                                                 Mr. Rahul Singh, Advocate
                                                 Mr. Adarsh Prasar, Advocate
                 For the Opposite Party/s :      Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Lohiyanagar P.S. Case No. 93 of 2025 registered for the

                   offence punishable under Sections 140(2) of B.N.S. and later on

                   Sections 61(2), 103(1), 238 and 3(5) of BNS were also added.

                                 3. The case of the prosecution, in short, is that the son

                   of the informant has gone to fetch vegetables with one Guddu

                   Paswan. When he did not return for a considerable moment, a

                   call was received on the mobile of Guddu Paswan with a request

                   to connect him with the informant. When the informant talked

                   his son, he disclosed that send Rs. 5 lakh. After this, the phone
Patna High Court CR. MISC. No.7748 of 2026(2) dt.06-02-2026
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          was disconnected. The informant asked Guddu Paswan, Guddu

          Paswan disclosed that Bhola Mahto, the son of the informant

          (deceased) boarded in a vehicle at smart point and has gone

          somewhere. After this, the informant called his son then the

          deceased said that come with Rs. 5 lakh, he is being assaulted.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. His name has been disclosed by co-accused Abhinav

          Kumar in his confessional statement. Save and except the

          confessional statement of co-accused, there is nothing against

          the petitioner. It has also been submitted that co-accused

          Abhinav Kumar, in whose confessional statement the name of

          this petitioner has surfaced, has been granted bail by this Court

          vide Cr. Misc. No. 80814 of 2025. Moreover, petitioner            is

          languishing in judicial custody since 04.09.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the

          application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named
             Patna High Court CR. MISC. No.7748 of 2026(2) dt.06-02-2026
                                                         3/3




                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Chief

                       Judicial Magistrate, Begusarai in connection with Lohiyanagar

                       P.S. Case No. 93 of 2025.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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