Pankaj Kumar Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Pankaj Kumar Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Gaya / concerned Court below, in connection with Fatehpur P.S. Case No.317 of 2025, subject to cooperation in the trial and appearance personally or through advocate on dates fixed.

Issue for consideration

Whether the petitioner, arraigned in Fatehpur P.S. Case No.317 of 2025 for offences punishable under sections 103(1), 64 and 238 of the B.N.S., 2023, should be granted regular bail (this being his second bail application).

Court's answer

Considering the aforesaid facts (including the reported gap between the alleged occurrence, the complaint and the FIR, and the informant's wife having communicated that the deceased died of illness and postmortem was not wanted), the Court allowed the petitioner's bail application.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Gaya / concerned Court below, in connection with Fatehpur P.S. Case No.317 of 2025, subject to the conditions that he will cooperate in the trial and will appear personally or through his advocate on the date fixed in the trial.

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), by order dated 11-02-2026 in Criminal Miscellaneous No.78636 of 2025 arising out of Fatehpur P.S. Case No.317 of 2025 (Thana Fatehpur, District Gaya), allowed the petitioner's second application for regular bail. The case was registered for offences punishable under sections 103(1), 64 and 238 of the B.N.S., 2023. The petitioner, stated to be the cousin brother of the deceased and alleged to have committed rape upon her, was in custody since 02.07.2025; his earlier bail application had been dismissed as withdrawn on 17.09.2025 in Criminal Miscellaneous No.63525 of 2025. Counsel for the petitioner relied on the delay between the alleged occurrence (04.09.2024), the complaint (16.12.2024) and registration of the FIR under section 156 of the Cr.P.C. (03.05.2025), and on the circumstance that the Choukidar first reported the death, after which the wife of the informant wrote to the police that the deceased died of illness and postmortem need not be conducted. Bail was granted on furnishing a bond of Rs. 10,000/- with two like sureties to the satisfaction of the Sessions Judge, Gaya / concerned Court below, conditioned on cooperation in the trial and appearance on dates fixed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78636 of 2025

Arising Out of PS. Case No.-317 Year-2025 Thana- FATEHPUR District- Gaya

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

Pankaj Kumar S/O Chandramauli Singh R/O Village and Post- Fatehpur, Police Station- Fatehpur, District- Gaya.

... ... Petitioner

Versus

The State Of Bihar

Minta Devi W/O Kumar Kunjan R/O Village and Post- Fatehpur, Police Station- Fatehpur, District- Gaya

... ... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For the Informant : Mr. Manoj Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

3 11-02-2026

Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the informant.

2. This is the second attempt on behalf of the

petitioner for grant of regular bail in connection with Fatehpur P.S. Case No.317 of 2025 registered for the offence punishable under sections 103(1), 64 and 238 of the B.N.S., 2023.

3. Earlier, the bail of the petitioner was dismissed as withdrawn vide order dated 17.09.2025 passed in Criminal Miscellaneous No.63525 of 2025.

4 . The petitioner is the cousin brother of the

deceased, who is alleged to have committed rape with the deceased-victim.

5 . The petitioner is in custody since

02.07.2025.

Patna High Court CR. MISC. No.78636 of 2025(3) dt.11-02-2026 2/2

6. It has been submitted by learned counsel for the petitioner that the date of occurrence is allegedly 04.09.2024 but the complaint was filed on 16.12.2024 and the F.I.R. was registered under section 156 of the Cr.P.C. on 03.05.2025.

7 . It has further been submitted that initially the Choukidar had informed the police about the death but the wife of the informant had written to the police that the deceased died because of illness and the she did not want to proceed any further and get the postmortem of the deceased done.

8 . Considering the aforesaid facts, this bail application is allowed.

9 . Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Gaya / concerned Court below, in connection with Fatehpur P.S. Case No.317 of 2025, subject to the conditions that he will cooperate in the trial and will appear personally or through his advocate on the date fixed in the trial.

pawan/- U T