Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted at this stage and dismissed the bail application.
Summary
The petitioner, Kanhaiya Kumar, applied for regular bail in a murder case registered under section 103(1) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner informed the informant about his daughter's suicide and that the petitioner and the deceased had performed a court marriage, leading to a conspiracy that resulted in her death. The petitioner contended that he was falsely implicated, had no criminal record, and that there was no evidence of a marriage or his involvement in the death. The State argued that the FIR and post‑mortem report indicated the petitioner’s role in the alleged murder, with cause of death being asphyxia due to manual and ligature compression. After considering the FIR, investigation material, and the post‑mortem findings, the court declined to grant bail, finding the allegations serious enough to warrant continued custody. The court, however, allowed the petitioner to renew the bail application after six months or upon framing of charge, whichever is later.
Issues considered
- Whether bail should be granted to the petitioner under section 103(1) of the Bhartiya Nyaya Sanhita in view of the alleged murder and conspiracy.
- Whether the material on record, including the FIR and post‑mortem report, justifies denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- regular bail
- section 103
- murder
- conspiracy
- court marriage
- post‑mortem report
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89031 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- KOTWALI District- Patna
======================================================
Kanhaiya Kumar S/o- Dinesh Vishwas Village-Bausi, P.S.-Bausi, District-
Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
Mr. Raj Kamal, Advocate
Mr. Chandan Kumar Ray, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 19-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sessions Trial no.2239
of 2025, arising out of Kotwali P.S. Case no.22 of 2025,
registered under section 103(1) of the Bhartiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the informant states
that he received information on telephone from the petitioner
about his daughter having hung herself to death. The informant
further states that his daughter had proceeded to the college and
from where she along with the petitioner performed the Court
marriage. It is further stated that it was as a result of conspiracy
that his daughter has been killed.
Patna High Court CR. MISC. No.89031 of 2025(5) dt.19-03-2026
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4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. It is only for
the reason that he was on friendly terms with the informant’s
daughter. There is no evidence of his having entered into a
marriage with the deceased. No prior information was given by
the informant about the disappearance of his daughter, though as
per the FIR, the Court marriage and disappearance had taken
place two days prior to the occurrence on 7.1.2025. The
petitioner has no criminal antecedent and is in custody since
5.4.2025. Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State, who submits that from the FIR itself it would
transpire that it was the petitioner who gave information about
the death of the informant’s daughter to him. In the postmortem
report, the cause of death is said to be asphyxia from manual
and ligature compression of neck.
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 and the contents of
the postmortem report wherein the cause of death is said to be
asphyxia from manual and ligature compression of neck, the
Court is not inclined to enlarge the petitioner on bail and the
Patna High Court CR. MISC. No.89031 of 2025(5) dt.19-03-2026
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application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months or on framing of charge,
whichever is later.
(Partha Sarthy, J)
Shiv/-
U T
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