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Patna High Court

Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                         3/3




                       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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