Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64802 of 2025 Arising Out of PS. Case No.-134 Year-2024 Thana- Manuapul District- West Champaran ====================================================== Upendra Kumar Son of Bali Raut Resident of Village - Raidhurwa, P.S. - Manuapul, Dist. - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava, Advocate For the State :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Manuapul P.S. Case No. 134 of 2024 registered under Sections 103/238(a)/3(5) of the Bhartiya Nyay Sanhita, 2023

3. Earlier the bail application of the petitioner has been rejected vide order dated 06.03.2025 passed in Cr. Misc. No. 10202 of 2025, which reads as under:

"Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Manuapul P.S. Case No. 134 of 2024 registered under Sections 103/238(a)/3(5) of the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution case, the petitioners are the brothers of the deceased and they are accused of honour killing.

Patna High Court CR. MISC. No.64802 of 2025(3) dt.10-02-2026 2/3

4. The post-mortem report supports that fact of killing of the deceased.

5. Learned counsel for the petitioners submit that there is no material against the petitioners to connect the petitioners with the crime.

6. In the opinion of this Court, if the deceased was not killed by her family members that the family members ought to have informed the police about the unnatural death of the deceased.

7. Considering the facts that the petitioners are none other but the own brothers of the deceased and they are accused of killing the deceased, this Court is not inclined to grant bail to the petitioners.

8. Accordingly, this application is dismissed."

4. After investigation, the charge-sheet has been submitted under Sections 103, 238(a) and 3(5) of the Bharatiya Nyaya Sanhita.

5. The petitioner is in custody since 07.11.2024.

6. Considering the period of custody, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Manuapul P.S. Case No. 134 of 2024.

8. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either

Patna High Court CR. MISC. No.64802 of 2025(3) dt.10-02-2026 3/3 by appearing personally or through his lawyer in the trial Court on each and every date fixed in the trial. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

9. The certified copy of the charge-sheet is taken on record.

(Sandeep Kumar, J) P. Kumar U T