Patna High Court
Narayan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner, directing the furnishing of a bail bond and sureties.
Summary
The petitioner, Narayan Prasad, was charged under Sections 103(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 for alleged involvement in the murder of Vipin Kumar. The prosecution’s case relied on an informant, Mohan Kumar, who was not an eye‑witness and did not disclose how he learned of the alleged conspiracy. No direct witness testimony linked the petitioner to the crime, and the petitioner asserted a clean antecedent and had been in custody since 9 September 2025. The informant opposed the bail application, arguing the seriousness of the accusation. The court, after considering the nature of the accusation, the petitioner’s clean record, and the length of custody, ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder under the Bhartiya Nyaya Sanhita, 2023.
- Whether the informant’s non‑eyewitness testimony suffices to deny bail.
- Whether the petitioner’s clean antecedent and period of custody justify granting bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(2), 3(5)
Subjects
- regular bail
- criminal procedure
- murder
- informant testimony
- clean antecedent
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8820 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- BELCHHI District- Patna
======================================================
Narayan Prasad Son of Awadh Prasad R/o Village - Korari, PS. - Belchhi,
Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State .
2. Petitioner seeks regular bail in a case registered for
the offences punishable under Sections 103(2), 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3 . Prosecution case , in brief, as per written report of
informant Mohan Kumar is that, on 08/9/2025 at 06:00 AM, he
found that his brother Vipin Kumar had been murdered in his
new house. He suspects that Suraj Patel, Rocky Prasad
(petitioner), Shravan Kumar, Abhishek Kumar, Rajesh Kumar,
Raju Rania and others have killed his brother with a sharp knife,
due to enmity.
4. Learned counsel for the petitioner submits that
informant is not eye-witness to the occurrence and has not
Patna High Court CR. MISC. No.8820 of 2026(2) dt.16-02-2026
2/2
disclosed the source of information as to how he came to know
that petitioner and other co-accused have killed his brother.
During investigation, none of the witnesses have claimed to
have seen this petitioner committing the alleged offence .
Petitioner claims clean antecedent and is in custody since
09.09.2025 .
5 . Learned counsel for the informant has opposed the
bail petition .
6. Considering the nature of accusation , clean
antecedent and period of custody, the petitioner, above named, is
directed to be enlarged 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 ADJ – III Barh in
connection with Belchhi P.S. Case No. 159 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U
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