Jai Kant Kumar @ Kaila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87204 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- BIHRA District- Saharsa ====================================================== Jai Kant Kumar @ Kaila S/O Chandar Rai @ Chandar Ray R/O VillagePatori, Ward No. 4, P.S- Bihra, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Singh, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. No. 290 of 2025 arising out of Bihra P.S. Case No. 31 of 2025 instituted for the offences under Sections 103(1), 238, 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the accused persons including the petitioner killed the daughter of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner has no concern with the

Patna High Court CR. MISC. No.87204 of 2025(2) dt.12-12-2025 2/2 alleged occurrence. He further contended that the specific allegation is against co-accused Fulchand Rai. There is no cogent material to show the implication of the petitioner in the alleged offence. Petitioner is the own nephew of the husband of the deceased. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.02.2025 and has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 03.09.2025 passed in Cr. Misc. No. 39867 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. No. 290 of 2025 arising out of Bihra P.S. Case No. 31 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T