Patna High Court

Hemant KushwahaversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The petitioner is entitled to regular bail on furnishing a bail bond of Rs.10,000 with two sureties, subject to the condition of cooperating with the trial.

Summary

Hemant Kushwaha was arrested in connection with an unnatural death case (Kopa PS Case No.215 of 2025) under Sections 103(1) and 61(2) of the BNS. The dead body was discovered on 16‑08‑2025 and, a month later, the deceased’s brother alleged that the petitioner, along with others, had abducted the victim a month earlier. The petitioner pleaded innocence and applied for regular bail, contending that he has no prior similar case. The State opposed bail, relying on the brother’s statement naming the petitioner and highlighting the suspicious one‑month delay in filing the complaint. After weighing the seriousness of the offence, the delay, and the petitioner’s custody since 17‑09‑2025, the court granted bail on a Rs.10,000 bond with two sureties, subject to the condition of cooperation with the trial.

Issues considered

Whether the petitioner is entitled to regular bail despite being named in the brother’s statement.
Whether the one‑month delay in the brother’s complaint affects the grant of bail.
Whether the nature of the offences under Sections 103(1) and 61(2) of the BNS precludes bail.

Legislation cited

BNS — s. 103(1), 61(2)

Subjects

regular bail
unnatural death
Section 103(1) BNS
Section 61(2) BNS
delay in complaint
surety
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.83918 of 2025
                          Arising Out of PS. Case No.-215 Year-2025 Thana- KOPA District- Saran
                 ======================================================
                 Hemant Kushwaha S/o- Prem Shankar @ Prem Shankar Kushwaha Village-
                 Khurwashiya, Uttar Tola, PS- Srirampur, District- Deoria, UP

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr.Vyas Kumar Mishra, Adv.
                                                   Mr.Ajay Kumar Tiwary, Adv.
                 For the State             :       Mr.Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   20-02-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Kopa P.S. Case No. 215 of 2025, registered

                   for the offences punishable under Sections 103(1), 61(2) of

                   BNS.

                                    3. On 16.08.2025, a dead body was found by the

                   police and the case of unnatural death was registered.

                                    4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated. After one month of recovery of the dead body, the

                   brother of the deceased made an application before the

                   investigating authorities stating that the petitioner, along with
Patna High Court CR. MISC. No.83918 of 2025(4) dt.20-02-2026
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          two other accused persons and 2-3 unknown individuals, had

          taken his brother from the house, saying that they would make

          him appear in a case, but his brother did not return. It has further

          been submitted that there is no explanation as to why the brother

          of the deceased did not lodge complaint when the accused

          persons took his brother one month prior to submitting his

          application. It has also been submitted that the deceased was

          involved in a murder case.

                       5. On the other hand, the learned APP for the State has

          opposed the prayer for bail by submitting that the petitioner is

          named in the statement of brother of the deceased.

                          6. There is no explanation of delay of one month of

          making application by brother of the deceased when the

          deceased was taken away one month prior to making of that

          application. Last seen theory also becomes suspicious. The

          petitioner is under custody since 17.09.2025 and he is not

          involved in any other case of similar nature.

                         7. Considering the above-mentioned facts and

          circumstances, let the petitioner above-named be released on

          bail on furnishing bail bonds of Rs.10,000/- with two sureties

          of the like amount each to the satisfaction of learned Chief

          Judicial Magistrate-1st Class, Saran, Chapra in connection with
           Patna High Court CR. MISC. No.83918 of 2025(4) dt.20-02-2026
                                                       3/3




                     Kopa P.S. Case No. 215 of 2025, subject to the condition that

                     the petitioner shall cooperate in the disposal of trial and make

                     himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T

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