Patna High Court
Boby KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to monetary sureties and conditions of appearance.
Summary
The petitioner, Boby Kumar, was arrested on 29 February 2024 in connection with a murder case (Bacchwara P.S. Case No. 359 of 2023) alleging offences under Sections 302, 201, 120(B) and 34 of the Indian Penal Code. He contended that he was falsely implicated, arguing that his name does not appear in the FIR and that the only basis for his inclusion is a confessional statement of a co‑accused who had already been granted bail. The State opposed the bail application, emphasizing the seriousness of the charges and the petitioner’s three prior criminal antecedents. The Court examined the lack of a specific allegation against the petitioner, the principle of parity with the co‑accused who was released, and the length of his custody. Finding that the prosecution had not established a concrete charge against him, the Court decided to grant bail subject to monetary sureties and conditions of appearance. The bail order was issued with a bond of Rs. 15,000 and two sureties, one of whom must be a close family member, and a provision for cancellation on default of two consecutive appearances.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges of murder and related offences under the IPC.
- Whether the absence of a specific allegation against the petitioner in the FIR justifies granting bail.
- Whether the principle of parity with a co‑accused who was previously released on bail applies.
Legislation cited
- Indian Penal Code — s. 120(B), 201, 302, 34
Subjects
- bail
- Indian Penal Code
- murder
- false implication
- confessional statement
- parity
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90706 of 2025
Arising Out of PS. Case No.-359 Year-2023 Thana- BACHHWARA District- Begusarai
======================================================
Boby Kumar Son of Surendra Sah Resident of Village- Khanua, Ps-
Vidyapatinagar, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bacchwara P.S. Case No. 359 of 2023 instituted for the offence
under Sections 302, 201, 120(B) & 34 of the Indian Penal Code.
3. The prosecution case, in short, is that petitioner
along with other co-accused persons committed murder of the
deceased.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 29.02.2024. Petitioner
bears three (3) criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
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counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused, namely, Kundan Kumar, who has been granted bail by
a Co-ordinate Bench of this Court vide order dated 17.06.2025,
passed in Cr. Misc. No. 34115 of 2025. From perusal of the FIR,
it would manifest that there is no specific allegation against the
petitioner, rather the same is general and omnibus in nature.
Charge sheet has already been submitted in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
specific allegation against the petitioner and claim based on
parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bacchwara P.S. Case
No. 359 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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