Mausam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28931 of 2026 Arising Out of PS. Case No.-369 Year-2025 Thana- SINGHESHWAR District- Madhepura ====================================================== Mausam Kumar S/o- Sri Rajesh Yadav R/v- Kushamhol, Ward No.- 6, P.S.- Bhargawa, Distt- Araria at present resident of village- Manganj, Ward No.-3, P.S.- Jadiya, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 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 103(1) and 3(5) of the B.N.S.
3. The case of the prosecution, in short, is that on 17.11.2025, the son of the informant, namely, Binit Kumar (deceased) went to collect his certificate from Madhepura College, but from that night no communication was established to him. On 19.11.2025, the informant came to know that a dead body of a boy lying under the bridge at Singheswar P.S. On seeing the photograph of dead body that was identified as Binit Kumar by the informant. Thereafter, he lodged the F.I.R.
Patna High Court CR. MISC. No.28931 of 2026(2) dt.05-05-2026 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that the F.I.R. was lodged against unknown persons. During course of investigation, name of this petitioner has surfaced in the confessional statement of co-accused Rajmani Kumar. From perusal of the confessional statement of Rajmani Kumar, only role attributed to this petitioner is that his Scorpio was used for disposing/throwing the dead body in water.
It has furtehr been submitted that save and except the confessional statement of coaccused, there is nothing against him and if at all the confessional statement is taken to be true then also the only role which has been attributed to the petitioner is that he was called with his Scorpio whereupon the body of the deceased was thrown in water with the help of his Scorpio. It has further been submitted that there is no role of this petitioner in killing the deceased. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 05.12.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.28931 of 2026(2) dt.05-05-2026 3/3 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.- III, Madhepura in connection with Singheshwar P.S. Case No. 369 of 2025.
(Ashok Kumar Pandey, J) lata/- U T