Patna High Court

Uday Shankar KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Uday Shankar Kumar, sought bail in a murder case (Ghorasahan P.S. Case No. 211 of 2025) where he was implicated under Sections 103 and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased’s body was found at a co‑accused’s house and that the petitioner was involved due to a love affair with the victim. The petitioner argued that he was falsely implicated, that no incriminating material was found on him, that there was a two‑day delay in filing the FIR, and that he had no prior criminal record. The State opposed bail, contending the seriousness of the offences. Considering the lack of material evidence, the delay in FIR, the petitioner’s clean record, and the period already spent in custody, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner under Sections 103 and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged offence.
Whether the delay in lodging the FIR and the absence of incriminating material on the petitioner justify bail.
Whether the petitioner’s alleged involvement based solely on suspicion warrants continued detention.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 61(2)(a)

Subjects

bail
criminal procedure
murder
suspicion
delay in FIR
Bharatiya Nyaya Sanhita
Section 103
Section 61(2)(a)
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88436 of 2025
                     Arising Out of PS. Case No.-211 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Uday Shankar Kumar S/o Shambhu Patel @ Sambhu Patel R/o Village-
                 Kawaiya (Kasaiya), P.S- Jharokhar (Ghorashan), Dist- East Champaran.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   23-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Ghorasahan P.S. Case No. 211 of 2025, instituted for the

                   offences punishable under Sections 103 and 61(2)(a) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that dead body of

                   the informant’s daughter was found in the house of co-accused

                   Sanjay Kumar. It is further alleged that informant’s daughter has

                   been murdered by the co-accused persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.88436 of 2025(3) dt.23-02-2026
                                            2/3




          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that there is delay of two days in lodging the

          FIR. It is next submitted that the petitioner is not named in the

          FIR. Name of the petitioner has transpired in this case during

          investigation because there was love affair between the

          petitioner and the deceased. It is further submitted that the

          petitioner has been arrested only on the basis of suspicion and

          no specific allegation has been attributed against the petitioner

          rather the same is general and omnibus in nature. The petitioner

          is in custody since 14.08.2025 and has got no criminal

          antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
             Patna High Court CR. MISC. No.88436 of 2025(3) dt.23-02-2026
                                                         3/3




                       below/concerned Court in connection with              Ghorasahan P.S.

                       Case No. 211 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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