Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- B.N.S., 2023 — s. 103(1), 238
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
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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
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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
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