Patna High Court
Suraj Kumar @ Kalin Seth @ S. Kumar @ Suraj PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(2), 3(5)
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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