Patna High Court
Gyani Kumar @ Gyanu @ Gyanu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding the confessional statement unreliable and noting the lack of evidentiary link to the alleged crime.
Summary
Gyani Kumar applied for bail in a criminal case (Sessions Trial No. 960 of 2025) involving offences under Sections 103(1), 238(a), 303(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. He is not named in the FIR and has been in custody since 26‑02‑2025. The prosecution’s case rests on a confessional statement of co‑accused Pritam Kumar, which alleges that the petitioner caused a gun‑shot injury to the informant’s son; however, the post‑mortem report recorded death by strangulation, not a gunshot wound. The court noted that the investigation was complete, the petitioner has a clean antecedent, and the confessional statement appears unreliable. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. The bail order effectively disposes of the petition.
Issues considered
- What is the reliability of the co‑accused’s confessional statement implicating the petitioner?
- Does the post‑mortem finding of death by strangulation negate the basis for continued detention?
- Is the petitioner entitled to bail given the completed investigation and his clean antecedent?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238(a), 303(2), 3(5), 480(3)
Subjects
- bail
- confessional statement
- post‑mortem
- clean antecedent
- investigation completed
- Section 480(3)
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 85870 of 2025
Arising Out of PS. Case No.-538 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Gyani Kumar @ Gyanu @ Gyanu Kumar S/O Vijay Singh @ Bijay Singh
R/O Village- Hemra, Bhardwaj Nagar, P.S- Muffasil, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
For the Informant : Mr. Kuldeep Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Sessions
Trial No. 960 of 2025 arising out of Town P.S. Case No. 538 of
2024 registered for the offences under Sections 103(1), 238(a),
303(2), 3(5), of BNS, 2023.
3. The petitioner is not named in the F.I.R. and is in
custody since 26.02.2025.
4. As per FIR, the son of the informant who is E-
rikshaw driver found missing and, subsequently, his mobile phone
was also found switched off. Informant received information from
police station on 27.09.2024 regarding dead body of her son.
5. Learned counsel appearing on behalf of the petitioner
submitted that implication of this petitioner with present crime in
Patna High Court CR. MISC. No. 85870 of 2025(2) dt.10-02-2026
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question is on the basis of confessional statement of Pritam Kumar
@ Ghutra who has already granted bail by this Court through Cr.
Misc. No. 40986 of 2025 dated 19.08.2025. In this context, it is
submitted that if the confessional statement be accepted as true
then certainly a gun short injury must be available on the head of
deceased, but upon post-mortem no gun injury as confessed and
said to be caused by this petitioner was found upon deceased,
rather the cause of death as opined by doctor was “ strangulation”.
In view of same, the entire confessional statement through which
the petitioner was implicated with present crime in question
appears false.
6. Arguing further, it is submitted that investigation of
this case has already completed, and as such, there is no chance of
tampering with the evidence and, moreover, petitioner is a man of
clean antecedent.
7. Learned APP duly assisted by Mr. Kuldeep Kumar,
learned counsel appearing for the informant, while opposing the
prayer of bail could not disputed the aforesaid contradictory factual
submission regarding cause of death.
8. In view of aforesaid factual submission and by taking
note of fact as death of son of the informant not appears to be
caused by gun shot injury as alleged through confessional
Patna High Court CR. MISC. No. 85870 of 2025(2) dt.10-02-2026
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statement of co-accused on the basis of which the petitioner was
implicated with crime in question, rather same upon post-mortem
was opined as “asphyxia due to throttling”, coupled with the fact
that investigation of this case is already completed, where
petitioner being a man of clean antecedent, remains in custody
since 26.02.2025, accordingly above named petitioner, is directed
to be released on bail in connection with Sessions Trial No. 960 of
2025 arising out of Town P.S. Case No. 538 of 2024 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned District and
Additional Sessions Judge-VII, Begusarai/concerned court, subject
to the conditions as mentioned under Section 480(3) of the
B.N.S.S.
(Chandra Shekhar Jha, J)
veena/-
U T
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