Kisto Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39162 of 2026 Arising Out of PS. Case No.-54 Year-2025 Thana- BATIYA District- Jamui ====================================================== Kisto Kumar Singh S/O Late Mouleshwari Singh Resident of VillageNimarang, P.S. Jamui, District Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Batiya P.S. Case No.54 of 2025 dated 01.08.2025 registered for the offences punishable under Sections 103(1) and 3(5) of the B.N.S.
3. As per the allegation, the deceased son of the informant went along with the petitioner on 30.07.2025, it is alleged that on the next day i.e. on 31.07.2025, this petitioner returned alone to the village. Upon being questioned, this petitioner has stated that the son of the informant had married some girl and would return after four years and further stated that son of the informant took Rs. 30,000/-. Upon being suspicious, search was made but no trace was found. It has
Patna High Court CR. MISC. No.39162 of 2026(2) dt.17-06-2026 2/3 further been alleged that subsequently, the dead body of the son of the informant was found lying at Badgama Ghat, Jhojhi river.
4. Learned counsel for the petitioner has submitted that the FIR came to be lodged after the recovery of the dead body of the deceased. It has further been submitted that there is no eye-witness of murder. It has further been submitted that the dead body of the deceased was found in a decomposed state. It has further been submitted that as per the post-mortem report no cause of death could be ascertained and viscera was preserved for ascertaining cause of death. Learned counsel for the petitioner has further submitted that the deceased had purchased the land from the father of the informant and he had not paid the full consideration amount. It has further been submitted that the case of last seen has been developed purposely after the recovery of the dead body of the deceased, so as to falsely implicate the petitioner.
It has further been submitted that except confessional statement of the petitioner, before police while in police custody, there is no other material against the petitioner and the same is hit by Section 23 of BSA. It has further been submitted that petitioner has been made accused in two other cases but not of similar nature and he is on bail in both cases.
Patna High Court CR. MISC. No.39162 of 2026(2) dt.17-06-2026 3/3 case and till date no witness has been examined and petitioner is ready to co-operate in the trial. It has lastly been submitted that petitioner is in custody since 07.08.2025 after having been voluntarily surrendered.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the records.
7. Considering the facts and circumstances of the case as well as the period of custody, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Batiya P.S. Case No.54 of 2025.
8. It is directed that the petitioner should get himself well represented on each and every date fixed in the trial and failure to appear on two consecutive dates without plausible explanation, the court below would be at liberty to cancel the bail bonds of the petitioner.
9. The application stands allowed.
(Praveen Kumar, J) shivam/- U T