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Patna High Court

Karan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, finding no material evidence against him and deeming the allegations insufficient to justify continued detention.

Summary

The petitioner, Karan Kumar, applied for regular bail in a case registered under Section 309(4) of the Bharatiya Nyaya Sanhita, alleging that he was falsely implicated based on a co-accused's confessional statement and that his name does not appear in the FIR. The petitioner contended that no incriminating material was recovered from him, he has been in custody since 23-11-2025, and he has only one prior criminal antecedent under the Excise Act. The State opposed the bail application. The court examined the lack of material evidence, the nature of the allegation, and the period of custody, and concluded that bail could be granted. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita in view of the absence of incriminating material and alleged false implication.
  • Whether the petitioner’s prior criminal antecedent under the Excise Act warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • confessional statement
  • Section 309
  • Bharatiya Nyaya Sanhita
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9525 of 2026
                     Arising Out of PS. Case No.-349 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Karan Kumar, S/o Ram Chandra Singh @ Ramchandra Singh, Resident of
                 Village - Khilwat, P.S. - Bidupur, District - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offence punishable under Section 309(4) of the Bharatiya

                   Nyaya Sanhita.

                                3. It is alleged that the accused persons, at the point of

                   gun, looted the motorcycle of the informant and his mobile

                   phone.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Further submission is that petitioner is not named

                   in the F.I.R. The name of the petitioner has been subsequently

                   surfaced on the basis of confessional statement of co-accused

                   Sonu Kumar. No incriminating article has been recovered from
            Patna High Court CR. MISC. No.9525 of 2026(2) dt.17-02-2026
                                                        2/2




                      the possession of the petitioner. Petitioner is in custody since

                      23.11.2025. Petitioner has got one criminal antecedent which

                      belongs to the Excise Act. Petitioner undertakes to co-operate in

                      the investigation and trial.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                      of the case as well as the fact that no incriminating material has

                      been recovered from the petitioner, nature of allegation and

                      period of custody, let the above named petitioner be released on

                      bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned Chief Judicial Magistrate, Vaishali at Hajipur in

                      connection with Rajapakar P.S. Case No. 349 of 2025.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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