Patna High Court
Nandan Kumar @ Sukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to a bond and specific conditions.
Summary
The petitioner, Nandan Kumar, was arrested on 23 June 2025 in connection with a murder case (Pakaribaraw PS Case No. 246 of 2025) alleged under Sections 103 and 3(5) of the BNS, 2023. The prosecution alleges that the petitioner, along with others, used deadly weapons to assault the informant's father, causing his death. The petitioner contended that he has a clean antecedent, that the case stems from an ongoing land dispute, and that the inquest report was prepared before the FIR, suggesting a false implication. The court noted the clean antecedent, the timing irregularity of the inquest report, and the familial relationship between the parties, and consequently ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the lower court.
Issues considered
- What is the appropriateness of granting bail to the petitioner accused of murder under Sections 103 and 3(5) of the BNS, 2023?
- Does the alleged pre‑FIR preparation of the inquest report and the pending land dispute affect the bail decision?
Legislation cited
- BNS, 2023 — s. 103, 3(5)
Subjects
- bail
- murder
- false implication
- land dispute
- inquest report
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84805 of 2025
Arising Out of PS. Case No.-246 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
Nandan Kumar @ Sukesh Kumar Son of Sargug Yadav R/O Village -
Hasanganj, P.S.- Pakaribaraw, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate
Ms. Priyanka Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 19-01-2026 Heard Mr. Y.C. Verma, learned senior counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
2306.2025 in connection with Pakaribaraw P.S. Case No. 246 of
2025, F.I.R. dated 23.06.2025 for the offences punishable under
Sections 103 and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner armed with deadly weapons
have brutally assaulted the informant's father resulting into his
death.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.84805 of 2025(3) dt.19-01-2026
2/4
implicated in the present case. He further submits that there is
admitted land dispute between the parties and on the spur of
moment the petitioner has assaulted the deceased along with
other accused persons. Although the postmortem report
attributes the cause of death from multiple lacerated wounds and
skull fractures caused by hard and blunt force directed at the
head. He further submits that it appears from the F.I.R that the
F.I.R instituted on 22.06.2025 at 3:30am but the inquest report
was prepared on 22.06.2025 at 11:45pm which suggest that
before the institution of the F.I.R, the inquest report was
prepared by the prosecution, only to falsely implicate the
petitioner. A partition suit bearing Partition Suit No. 113 of 2024
is ongoing between the parties. There is no specific allegation
against the petitioner rather there is general and omnibus
allegation against all the accused persons that they assaulted the
deceased by means of Kudal where the petitioner has also
participated in the present crime in question. He further submits
that the police after investigation submitted the charge sheet
against the petitioner. The petitioner is in custody since
23.06.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
Patna High Court CR. MISC. No.84805 of 2025(3) dt.19-01-2026
3/4
submits that the anticipatory bail application of the co-accused,
namely, Kanti Devi @ Kranti Devi has been rejected by a Co-
ordinate Bench of this Court.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, inquest report was
prepared before the institution of the F.I.R, both the parties are
agnate to each other and one partition suit is pending between
the parties, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned ACJM-II, Nawada in connection with Pakaribaraw P.S.
Case No. 246 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
Patna High Court CR. MISC. No.84805 of 2025(3) dt.19-01-2026
4/4
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…