Pankaj Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Pankaj Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on bail in connection with Malsalami P.S. Case No. 165 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Patna City concerned Court, subject to the conditions under Section 437(3) of the Cr.P.C. / Section 480(3) of BNSS.

Issue for consideration

Whether petitioner Pankaj Kumar, unnamed in the F.I.R. and in custody since 21.09.2024 in Malsalami P.S. Case No. 165 of 2022 (Sections 363, 365/34 IPC, with Sections 302, 201, 120(B) IPC later added) for allegedly kidnapping and murdering the informant's son aged about 19 years, should be released on bail.

Court's answer

Taking note of the factual submissions, the Court found that save and except the confessional statement, prima facie nothing incriminating material surfaced against the petitioner during the course of investigation, coupled with the fact that the charge-sheet has already been submitted.

Ratio / Principle

Accordingly, the petitioner was directed to be released on bail in connection with Malsalami P.S. Case No. 165 of 2022 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-I, Patna City, subject to the conditions under Section 437(3) Cr.P.C. / Section 480(3) BNSS.

Detailed headnote1 paragraphs

Bail granted - Patna High Court (Chandra Shekhar Jha, J), oral order dated 28-07-2025, CRIMINAL MISCELLANEOUS No.25246 of 2025: petitioner Pankaj Kumar, not named in the F.I.R. and in custody since 21.09.2024 in Malsalami P.S. Case No. 165 of 2022 (Ss. 363, 365/34 IPC, later Ss. 302, 201, 120(B) IPC added - alleged kidnap and murder of the informant's son aged about 19 years), was directed to be released on bail because, save and except the confessional statement of named co-accused Tufani @ Amit Kumar, prima facie nothing incriminating surfaced against him during investigation and the charge-sheet has already been submitted; bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Patna City, subject to conditions under S. 437(3) Cr.P.C. / S. 480(3) BNSS. Counsel had also urged parity with co-accused Prince Thathera, granted bail in Cr. Misc. No. 5053 of 2023 (order dated 20.06.2023).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25246 of 2025

Arising Out of PS. Case No.-165 Year-2022 Thana- MALSALAMI District- Patna

======================================================

Pankaj Kumar Son of Sanjay Kumar @ Sanjay Yadav Resident of Chhoti Mandir, Simali Pandariwa Simli, P.S.- Malsalami, Panta City, Dist.- Patna

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Tilak Sao For the Opposite Party/s : Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 28-07-2025

Heard learned counsel appearing on behalf of

the parties.

The petitioner seeks bail in connection with

Malsalami P.S. Case No. 165 of 2022 registered for the

offence under Sections 363, 365/34 of the IPC later on case under Sections 302, 201, 120(B) of the IPC were

also added.

The petitioner is not named in the F.I.R. and

is in custody since 21.09.2024.

The allegation against this petitioner is to

kidnap son of the informant aged about 19 years

alongwith named co-accused persons and subsequently

Patna High Court CR. MISC. No.25246 of 2025(3) dt.28-07-2025 2/3

committed his murder.

Learned counsel appearing on behalf of the

petitioner submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of named co-accused Tufani @ Amit Kumar, where in furtherance of absolutely nothing incriminating material recovered/surfaced to connect petitioner prima-facie with present occurrence of kidnapping and murder. It is submitted that similarly situated co-accused, namely, Prince Thathera has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 5053 of 2023 vide order dated 20.06.2023. While concluding the argument, it has been submitted that petitioner found involved in one more criminal case, where he is on bail and moreover, investigation of this case is completed, for which chargesheet has already submitted and as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Patna High Court CR. MISC. No.25246 of 2025(3) dt.28-07-2025 3/3

In view of aforesaid factual submission and by

taking note of fact as save and except confessional

statement prima-facie nothing incriminating material surfaced against this petitioner during the course of investigation, coupled with the fact that charge-sheet has

already submitted, where petitioner remains in custody since 21.09.2024, accordingly the petitioner, above named, is directed to be released on bail in connection with Malsalami P.S. Case No. 165 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Patna City concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. /Section 480(3) of BNSS.

(Chandra Shekhar Jha, J)

Sudha/-