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Patna High Court

Anand Mohan KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Anand Mohan Kumar, has been in custody since January 8, 2024 in connection with a murder and kidnapping case (Sections 302, 201, 34 IPC) arising from FIR dated November 26, 2022. He applied for bail before the Patna High Court, claiming a clean antecedent and that the allegations are fabricated, asserting that he was implicated merely on suspicion. The State opposed the bail, relying on a confessional statement of a co‑accused and a trial‑court report indicating that six of eight prosecution witnesses have already been examined, with the trial still pending. The Court considered the seriousness of the offences, the evidentiary material, and the stage of the trial, and concluded that bail could not be granted. Consequently, the bail prayer was refused, and the trial court was directed to expedite the remaining proceedings.

Issues considered

  • Whether bail should be granted to an accused of murder, kidnapping and abetment of suicide (IPC Sections 302, 201, 34) when substantial evidentiary material exists and the trial is at an advanced stage.

Legislation cited

Subjects

  • bail
  • murder
  • kidnapping
  • IPC 302
  • IPC 201
  • IPC 34
  • high court
  • criminal procedure
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91744 of 2025
                   Arising Out of PS. Case No.-583 Year-2022 Thana- KESARIA District- East Champaran
                 ======================================================
                 Anand Mohan Kumar S/O Late Keshav Kumar @ Late Keshav Kuwar
                 Resident of village- Dilawarpur, P.S.- Kesariya, Dist.- East Champaran
                                                                               ... ... Petitioner/s
                                                     Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Ms. Harsha Shashwat, Advocate
                 For the State           :        Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   06-04-2026                     Heard Ms. Harsha Shashwat, learned counsel for the

                   petitioner and Mr. Anil Kumar, learned APP for the State.

                                    2. Petitioner seeks bail, who is in custody since

                   08.01.2024, in connection with Sessions Trial No. 118 of 2025

                   arising out of Kesariya P.S. Case No. 583 of 2022, F.I.R. dated

                   26.11.2022 registered for the offences punishable under Sections

                   302, 201, 34 of the Indian Penal Code.

                                  3. As per the prosecution case, the petitioner and other

                   co-accused persons are alleged to have kidnapped the nephew of

                   the informant and have committed murder.

                                   4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely implicated

                   in the present case. She further submits that the allegation as

                   alleged in the F.I.R. is false and fabricated and the petitioner has

                   not committed any offence as alleged in the F.I.R. and the
               Patna High Court CR. MISC. No.91744 of 2025(5) dt.06-04-2026
                                                           2/2




                         petitioner has been made accused merely on the basis of suspicion.

                                       5.    Learned APP for the State, on the other hand,

                         vehemently opposed the prayer for bail of the petitioner and

                         submits that the confessional statement of co-accused person,

                         namely, Chhotu Kumar was recorded in paragraph-42 of the case

                         diary in which he along with petitioner has committed the present

                         crime in question and apart from that report of the learned Trial

                         Court dated 30.01.2026 reveals that out of eight chargesheeted

                         witnesses, six witnesses have already been examined and the case

                         is pending for remaining two prosecution witnesses.

                                       6. Considering the aforesaid facts and circumstances of

                         the case and in view of the report of the learned Trial Court, I am

                         not inclined to enlarge the petitioner on bail in connection with

                         Sessions Trial No. 118 of 2025 arising out of Kesariya P.S. Case

                         No. 583 of 2022 pending in the Court of learned District &

                         Additional Sessions Judge-10th, East Champaran, Motihari

                                      7. Prayer is refused.

                                      8.    However, the learned Trial Court is directed to

                         expedite the trial and conclude the same at the earliest.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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