Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13508 of 2026 Arising Out of PS. Case No.-184 Year-2025 Thana- SARMERA District- Nalanda ====================================================== Kundan Kumar S/O Bhola Kewat R/O Gaushnagar, P.S.- Sarmera, DistrictNalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, A.P.P.
For the Informant :
Mr. Shailendra Kumar, Mr. Ajit Ranjan Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Sarmera P. S. Case No. 184 of 2025 registered for the offences punishable under Sections 137(2), 140(3) of the Bharatiya Nyaya Sanhita to which Sections 103(1), 140(1), 61(2), 238 of the BNS were added later on.
3. As per prosecution case, on 02.08.2025, brother of informant went outside but did not return and later on, his dead body was found. Informant believes that all the F.I.R. named accused persons, including this petitioner, committed murder of his brother.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.13508 of 2026(2) dt.03-04-2026 2/2 from perusal of the F.I.R. itself, it is apparent that there is no eye witness to the occurrence and at best, petitioner was last seen in the company of the deceased. Save and except suspicion, there is no other material available on record to show his complicity in the alleged offence. Petitioner claims clean antecedent and is in custody since 05.08.2025.
5. However, learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the nature of accusation, clean antecedent and period of custody, this bail application is allowed. The petitioner, above named, is directed to 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 the learned District & Additional Sessions Judge-II, Biharsharif, Nalanda in connection with Sarmera P. S. Case No. 184 of 2025. (Prabhat Kumar Singh, J) Navya/- U T