Allowed

Lili Kumar @ Shivam Kumar v. The State of Bihar

Patna HC17 Feb 2026CR. MISC./7394/2026

Case brief

AI extract

What is this about?

Regular bail sought in a murder case registered under Sections 103(1) and 3(5) BNS, where no eyewitness existed and only hearsay placed the petitioner at the scene. Investigation was complete and custodial interrogation unnecessary. Bail granted with sureties, cooperation conditions, and verification of criminal antecedents before bond acceptance.

What did the court decide?

Petitioner to be released on bail on furnishing bail bond of Rs.10,000 with two sureties of like amount, subject to trial-cooperation condition and antecedent verification.

Lili Kumar @ Shivam Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7394 of 2026

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Arising Out of PS. Case No.-165 Year-2025 Thana- KHAJEKALA District- Patna

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

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Lili Kumar @ Shivam Kumar S/O Ashok Yadav @ Rajesh Gope R/O VillagePaschim Darwaja, Infront of Mazar, P.S- Alamganj, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar For the Opposite Party/s : Mr.Sangeeta Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 17-02-2026

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Heard the learned counsel for the petitioner as well

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as the learned Additional Public Prosecutor for the State.

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The petitioner is seeking regular bail in connection with Khajekalan P.S. Case No. 165 of 2025, registered for the offences punishable under Sections 103(1), 3(5) of the BNS.

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As per allegation, on 24.04.2025 at about 07:00 P.M., the informant’s son left home for some work but did not return. After searching for him, the informant received information from local residents that a dead body was lying near Ghassiyari Gali drain. Upon reaching the spot, he found his son lying dead and informed the police. It is further alleged that the deceased had dispute with co-accused, Rahul Kumar, regarding monetary transactions.

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The learned counsel for the petitioner has submitted

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Patna High Court CR. MISC. No.7394 of 2026(2) dt.17-02-2026 2/3

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that there is no eyewitness to the occurrence. The father and the brother of the deceased stated in their statements during course of investigation that their associates had apprised them that the petitioner was seen on the previous evening at the place of occurrence. He has further submitted that the statements of the father and the brother of the deceased are recorded in paragraph nos. 12 and 23 of the case diary, respectively. They did not name the persons from whom they received the information that the deceased was present at the place of occurrence. During the investigation, it was detected that the deceased was addicted to consuming smack. The petitioner has been in custody since 29.04.2025 and there is no cogent material against him.

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The investigation has been completed, and no custodial interrogation is required.

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On the other hand, the learned APP for the State has opposed the prayer for bail.

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Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Patna City in connection

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Patna High Court CR. MISC. No.7394 of 2026(2) dt.17-02-2026 3/3

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with Khajekalan P.S. Case No. 165 of 2025, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

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Before accepting the bail bond, the criminal antecedent of the petitioner shall be verified and if, it is found that he is involved in any other case except the case(s), mentioned in paragraph no. 3 of the bail petition, his bail bond shall not be accepted.

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(Nawneet Kumar Pandey, J)

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Nirmal/- U T

Lili Kumar @ Shivam Kumar v. The State of Bihar

Case brief

What is this about?

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Lili Kumar @ Shivam Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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