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Patna High Court

Jimmi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Jimmi Kumar was arrested on 5 July 2025 in connection with a murder case (PS case No. 274 of 2024) involving offences under Sections 302, 201, 34 and 120B of the IPC. The prosecution’s case is based on a report by an investigating officer who discovered a dead body and on the petitioner’s own confessional statement, with no other eye‑witness evidence. The petitioner contended that he was falsely implicated, that the confession was self‑incriminating, and that a co‑accused had already confessed to the crime. The State opposed bail, highlighting the petitioner’s antecedent of seven other cases, though he was on bail in those matters. The court, after considering the lack of corroborative material and the petitioner’s bail status in other cases, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted in a case involving murder, conspiracy and other serious IPC offences when the primary evidence is the accused’s own confessional statement.
  • Whether the petitioner’s antecedent of multiple criminal cases warrants denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Section 302
  • Section 201
  • Section 34
  • Section 120B
  • self‑confessional statement
  • false implication
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84947 of 2025
                    Arising Out of PS. Case No.-274 Year-2024 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Jimmi Kumar S/O Raju Prasad R/O Village- Durukhi Gali Darji Tola,
                 Dariyapur, P.S- Pirbahor, Distt.- Patna.
                                                                      ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :      Mr. Madhuri Lata, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   25-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   05.07.2025 in connection with Bakhtiyarpur P.S. Case No. 274

                   of 2024 for the offences punishable under Sections 302, 201, 34

                   and 120B of IPC.

                               3. The case of the prosecution, in brief, is that A. S. I.

                   Arun Kumar at present posted at of Bakhtiyarpur P. S. gave a

                   written application before S.H.O. of Bakhtiyarpur police station,

                   alleging therein that on 20-05-2024 informant along with other

                   police party proceeded for evening patrolling, during patrolling

                   he received information that one dead body thrown beside of

                   NH-30 at Kalyanpur Bigha. It is further alleged that when

                   informant reached at the said place he saw one dead body lying

                   beside the road.
Patna High Court CR. MISC. No.84947 of 2025(3) dt.25-03-2026
                                            2/3




                      4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the present case on the

          basis of self confessional statement and there is no eye-witness

          to the alleged occurrence except the self confessional statement

          of the petitioner, no cogent material has come during the course

          of investigation to suggest the involvement of the petitioner in

          the present occurrence and apart from that co-accused person

          namely, Rajesh Kumar has confessed his guilt that he was also

          involved in the present crime in question. It is further submitted

          that the police after investigation has submitted charge-sheet

          and the petitioner is in custody since 05.07.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner has antecedent of seven cases other

          than the present case but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          all these cases.

                       6. Considering the aforesaid facts and circumstances,

          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 Additional

          District and Sessions Judge-1st, Barh, Patna in connection with
          Patna High Court CR. MISC. No.84947 of 2025(3) dt.25-03-2026
                                                      3/3




                    Bakhtiyarpur P.S. Case No. 274 of 2024, 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 canceled 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

                    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)
Gaurav Sinha/-
U      T


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