Patna High Court
Jimmi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 120B, 201, 302, 34
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.