Patna High Court
Sudhanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner.
Summary
Sudhanshu Kumar was arrested in connection with a murder case (Govindganj P.S. Case No.239 of 2025) under sections 103(1), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The informant alleged that his brother was murdered and that the petitioner, who was friendly with a rival family, was implicated. The petitioner contended that he was falsely implicated, there were no eye‑witnesses or material linking him to the crime, and he had no prior criminal record, having been in custody since 28 September 2025. The State opposed bail, claiming sufficient investigative material connected the petitioner to the murder. The Court, after considering the lack of direct evidence, the prolonged pre‑trial detention, and the submission of the charge‑sheet, ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether the material collected during investigation sufficiently links the petitioner to the alleged murder to justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238(a), 3(5)
Subjects
- regular bail
- murder
- false implication
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87704 of 2025
Arising Out of PS. Case No.-239 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Sudhanshu Kumar Son of Vijay Sah R/o Guraha, P.S.- Govindganj, District -
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. The petitioner has preferred this application for
grant of regular bail in connection with Govindganj P.S. Case
no.239 of 2025 registered under sections 103(1), 238(a) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the brother of the informant who used to live with his
brother-in-law disappeared and two days later his dead body
was found hanging from a tree which the informant identified.
The informant further states that the family of Jhabar Mukhiya
was on inimical terms and had threatened his brother ie the
deceased for the reason that he was on talking terms with Jhabar
Patna High Court CR. MISC. No.87704 of 2025(3) dt.20-02-2026
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Mukhiya’s daughter.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case along with
three others. The three co-accused happen to be the brothers of
the deceased. So far as the petitioner is concerned, the cause of
false implication is only that he was on friendly terms with the
family of Jhabar Mukhiya. There is no eye witness to the
occurrence nor any direct or indirect material to connect with
the alleged crime. The petitioner is in custody since 28.9.2025,
has no criminal antecedent and chargesheet has been submitted
in the case.
5. The application for bail is opposed by learned A.P.P.
for the State and learned counsel for the informant. Learned
counsel for the informant submits that not only the petitioner is
named in the FIR but there is direct allegation against the
accused persons of having murdered his brother. It is further
stated that sufficient material has transpired in course of
investigation to connect the petitioner with the murder of the
informant’s brother.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, there being no eye
Patna High Court CR. MISC. No.87704 of 2025(3) dt.20-02-2026
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witness to the occurrence, the petitioner not being related to
Jhabar Mukhiya, his being in custody for more than 4 months
since 28.9.2025 and chargesheet having been submitted in the
case, the Court directs the petitioner to be enlarged on bail in
connection with Govindganj P.S. Case no.239 of 2025 on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate I, East Champaran,
Motihari.
(Partha Sarthy, J)
Saurabh/-
U T
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