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Patna High Court

Suraj Kumar @ Kalin Seth @ S. Kumar @ Suraj PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the conditions specified under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Suraj Kumar, sought bail in a murder case registered under Sections 103(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, based on an informant's report that his brother was killed. The informant, Mohan Kumar, was not an eye‑witness and did not disclose how he learned of the alleged involvement of the petitioner. No other witnesses testified to having seen the petitioner commit the offence, and the petitioner asserted a clean antecedent. The State opposed bail, relying on the informant's statement. The Court, after considering the lack of direct evidence and the petitioner's clean record, ordered that bail be granted upon surrender within eight weeks, on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the informant's report, without eye‑witness testimony, justifies denial of bail.
  • Whether the petitioner is entitled to bail under the circumstances of the case.
  • Whether the conditions prescribed under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, are applicable.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • informant
  • murder
  • clean antecedent
  • Section 103
  • Section 3
  • Section 482
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8363 of 2026
                        Arising Out of PS. Case No.-159 Year-2025 Thana- BELCHHI District- Patna
                 ======================================================
                 Suraj Kumar @ Kalin Seth @ S. Kumar @ Suraj Patel S/o Rajendra Prasad
                 R/o village- Korari, P.S.- Belchhi, District-Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rasika, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                     Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 103(2), 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                3. Prosecution case, in brief, as per written report of

                   informant Mohan Kumar is that, on 8/9/2025 at 06:00 AM, he

                   found that his brother Vipin Kumar had been murdered in his

                   new house. He suspects that this petitioner along with other

                   accused persons have killed his brother with a sharp knife, due

                   to enmity

                                4. Learned counsel for the petitioner submits that

                   informant is not eye-witness to the occurrence and has not

                   disclosed the source of information as to how he came to know
           Patna High Court CR. MISC. No.8363 of 2026(2) dt.11-02-2026
                                                       2/2




                     that petitioner and other co-accused have killed his brother.

                     During investigation, none of the witnesses have claimed to

                     have seen this petitioner committing the alleged offence.

                     Petitioner claims clean antecedent.

                                  5. Learned counsel for the informant has opposed the

                     bail petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     District & Addl. Sessions Judge-IV, Barh in connection with

                     Belchhi P.S. Case No. 159 of 2025, subject to condition as laid

                     down under Section 482(2) of the Bhartiya Nagrik Suraksha

                     Sanhita, 2023.



                                           (Prabhat Kumar Singh, J)
Jyoti Kumari/-

U      T


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