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Patna High Court

Narayan PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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