Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nyaya Sanhita — s. 309(4)
- Excise Act
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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