Created by Fuzzy Cloud

Patna High Court

Karan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Karan Kumar, was arrested in connection with a case under Sections 103(1) and 238 of the B.N.S., 2023, alleging involvement in the death of an informant's son. He claimed innocence, arguing that the informant was not an eye‑witness and that the only material was a confessional statement of a co‑accused, which lacks evidentiary value. The petitioner also highlighted that a co‑accused had been granted regular bail by the same court in a similar case. The State opposed bail, but the court, after considering the lack of substantive evidence and the petitioner's clean record, allowed the bail application with a cash bond and several conditions. The bail order directs the petitioner to cooperate with investigation and prohibits any inducement of witnesses.

Issues considered

  • Whether bail should be granted in a case under Sections 103(1) and 238 of the B.N.S., 2023 when the evidence consists mainly of suspicion and a co‑accused's confessional statement.
  • Whether the petitioner’s lack of criminal antecedents and the precedent of bail granted to a co‑accused warrant release.
  • Whether the conditions imposed by the court are sufficient to ensure the investigation and trial are not hampered.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • confessional statement
  • co‑accused
  • B.N.S. 2023
  • Section 103
  • Section 238
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81685 of 2025
                     Arising Out of PS. Case No.-209 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Karan Kumar S/o Hari Lal Manjhi R/o village - Lodhipur, P.S - Punpun,
                 District - Patna
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Dhaneshwar Prasad Gupta, Advocate
                 For the State           :       Mrs. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   21-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Parsa

                   Bazar P.S. Case No. 209 of 2025 dated 17.05.2025, registered

                   for the offences punishable under Sections 103(1) and 238 of

                   B.N.S., 2023.

                                 3. As per allegation, the son of the informant was

                   found dead near bridge at Mahuli channel and the informant has

                   expressed his suspicion that his son has been killed by his

                   friends, including the petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case. He further submits that the informant is not an eye-witness

                   to the alleged offence and the whole case is based only on

                   suspicion. Even during investigation, there is no material on
Patna High Court CR. MISC. No.81685 of 2025(3) dt.21-01-2026
                                            2/3




          record except the so-called confessional statement of co-accused

          persons before the police which has no evidentiary value and no

          incriminating material has been recovered from the petitioner.

          He also submits that similarly situated co-accused person has

          already been enlarged on regular bail by a co-ordinate Bench of

          this Court vide order dated 02.12.2025, passed in Cr. Misc. No.

          82828 of 2025. He also submits that even today, a co-accused

          person has been granted regular bail, but the order is yet to be

          uploaded on the website of the Patna High Court.

                       5. He further submits that the petitioner has been

          languishing in jail since 18.05.2025.

                       6. It has also been stated in paragraph no. 3 of the bail

          petition that the petitioner has no criminal antecedent.

                       7. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one.

                       8. However, learned APP for the State vehemently

          opposes the prayer of the petitioner for bail.

                       9. Considering the aforesaid facts and circumstances,

          this application is allowed, directing the petitioner, above-

          named, to be enlarged on bail on his furnishing bail bonds in the

          sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
             Patna High Court CR. MISC. No.81685 of 2025(3) dt.21-01-2026
                                                         3/3




                       like amount each to the satisfaction of learned concerned Court

                       below in connection with Parsa Bazar P.S. Case No. 209 of 2025

                       on the following conditions:

                                    (i) The petitioner will make himself available for

                       interrogation by a police officer/court as and when required.

                                    (ii) The petitioner will undertake that investigation/trial

                       will not get hampered on account of his absence or non-cooperation.

                       He must be available to the police or the court whenever his presence

                       is required.

                                    (iii) The petitioner shall not, directly or indirectly make

                       any inducement, threat or promise to any person acquainted with the

                       facts of the case so as to dissuade him from disclosing such facts to

                       the court or to any police officer.

                                    (iv) In case, it is brought to the notice of the court below

                       that the petitioner has any criminal antecedents, learned court below

                       shall cancel the bail bonds of the petitioner after hearing him and

                       getting satisfied that the petitioner has concealed his criminal

                       antecedents despite his knowledge of the same.

                                    (v) In case, it is brought to the notice of the court below

                       that statement regarding previous bail petition is wrong, learned court

                       below shall cancel the bail bonds of the petitioner.


                                                                   (Jitendra Kumar, J)
shoaib/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.