Patna High Court

Kavindra Kumar @ Kavindra SahaniversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that in the absence of specific evidence against the petitioner, regular bail could be granted even in a murder case.

Summary

The petitioner, Kavindra Kumar, sought regular bail in a case registered under sections 302 and 34 of the Indian Penal Code for the alleged murder of an informant’s son. The prosecution alleged that eleven accused, including the petitioner, attacked the victim, who was later found dead. The petitioner’s counsel argued that there was no specific overt act linking him to the crime and that the allegations were general, noting that two co‑accused had already been granted bail. The State opposed the bail, but the court, after considering the lack of specific evidence against the petitioner and his prolonged custody since 12‑11‑2025, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was granted subject to compliance with the conditions prescribed by the Judicial Magistrate.

Issues considered

Whether the petitioner is entitled to regular bail in a case under sections 302 and 34 IPC despite the seriousness of the alleged offence
Whether the prosecution has established a specific overt act linking the petitioner to the murder

Legislation cited

Indian Penal Code — s. 302, 34

Subjects

regular bail
IPC 302
IPC 34
murder
criminal procedure
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9594 of 2026
                    Arising Out of PS. Case No.-165 Year-2020 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
                 Kavindra Kumar @ Kavindra Sahani S/o- Laldeo Sahni R/v- Mahwal Ps-
                 Motipur District-Muzaffapur
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prasoon Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 302 and 34

                   of the Indian Penal Code.

                                3. The case of the prosecution is that eleven named

                   accused persons including this petitioner came variously armed

                   and started assaulting the informant’s son. It is further alleged

                   that on the same night, police recovered the dead body of the

                   informant’s son and took him to the police station. Next day,

                   postmortem was conducted and this case was registered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that there is no any

                   specific overt act against this petitioner. It has also been
            Patna High Court CR. MISC. No.9594 of 2026(2) dt.09-02-2026
                                                        2/2




                      submitted that the allegations are general and omnibus. It has

                      also been submitted that two persons against whom there is

                      specific allegation, namely, Rambabu Sahani and Lakshman

                      Sahani have already been granted bail by learned Co-ordinate

                      Bench of this Court vide order dated 02.08.2021 passed in Cr.

                      Misc. No. 12369 of 2021. The case of this petitioner stands on

                      better footing. Moreover, the petitioner is languishing in judicial

                      custody since 12.11.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Motipur P.S. Case No. 165 of 2020 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Judicial Magistrate First

                      Class, West Muzaffapur.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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