Patna High Court

Rubodh KumarversusThe State of Bihar

Decided: 21 April 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The court granted regular bail to the petitioner.

Summary

Rubodh Kumar was arrested in connection with a murder case (PS Case No. 118 of 2025) alleging that his wife’s husband was found hanging from a tree. He filed an application for regular bail, contending that he was falsely implicated, the FIR was lodged 16 days after the incident, there were no eyewitnesses, and no material linked him to the crime; he also highlighted his clean record and willingness to cooperate. The State opposed bail, asserting strong circumstances connecting the petitioner to the offence. The court examined the nature of the evidence, noting the lack of substantive proof and the delay in filing the FIR. Considering these factors, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The application for bail was therefore allowed.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged under Sections 103(1), 238 and 61(2) of the B.N.S. for murder
Whether the delay in lodging the FIR and lack of eyewitness evidence justify granting bail

Legislation cited

B.N.S. — s. 103(1), 238, 61(2)

Subjects

regular bail
murder
delay in FIR
insufficient evidence
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8769 of 2026
                 Arising Out of PS. Case No.-118 Year-2025 Thana- TARIYANI CHOWK District- Sheohar
                 ======================================================
                 Rubodh Kumar S/O Late Sahdeo Mahto @ Sahdew Mahto R/O Village- Aura
                 Malikana, P.S.-Tariyani, District- Sheohar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Prasad Singh, Advocate
                 For the Opposite Party/s :      Mr.Anil Kumar Singh No. 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   21-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Tariyani P.S. Case No.

                   118 of 2025 registered for the offences punishable under

                   Sections 103 (1), 238 and 61 (2) of B.N.S.

                                3. As per the prosecution case, it is alleged that the

                   petitioner and other co-accused persons developed friendship

                   and they used to sit together. Subsequently, it is alleged that a

                   dispute cropped up between them and on 17.05.2025 at 6.00

                   A.M., the informant heard that dead body of some one is lying

                   on a tree in a hanging position, the informant who went there

                   and found the same to be her husband.

                                4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.8769 of 2026(4) dt.21-04-2026
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          that the petitioner is innocent and has falsely been implicated in

          this case. It has been submitted that there is inordinate delay of

          16 days in lodging of the F.I.R. There is no eye witness to the

          alleged offence of murder. There is no other material to suggest

          that the petitioner was seen in the company of the deceased on

          the fateful day. Moreover, it has been submitted that except

          suspicion, there is nothing against the petitioner. There is

          nothing against the petitioner so as to even suggest a

          circumstance against him. Charge sheet has been submitted in

          this case and there is no allegation of tampering against him and

          he is ready to co-operate in the trial. Lastly, it has been

          submitted that the petitioner has clean criminal antecedent and

          is in custody since 27.11.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner and submits that there are

          strong circumstances against this petitioner so as to connect him

          with the alleged offence.

                       6.Heard      the    parties     and    perused   the   record,

          considering the nature of evidence against him, let the petitioner

          above-named, be enlarged on bail on furnishing bail-bonds of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial
             Patna High Court CR. MISC. No.8769 of 2026(4) dt.21-04-2026
                                                         3/3




                       Magistrate, Sheohar, in connection with Tariyani P.S. Case No.

                       118 of 2025.

                                    7. The application stands allowed



                                                  (Praveen Kumar, J)
vashudha/-

U      T

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