Patna High Court

Baidhnath Patel @ Baidyanath Patel @ VijayversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to bond and surety conditions.

Summary

Petitioner Baidhnath Patel applied for anticipatory bail after being implicated in a murder case (FIR No. 271/2024) for allegedly assisting in the cremation of the victim and tampering with CCTV evidence. The petitioner asserted innocence, claiming he only helped co‑accused Rajkumar Rai with post‑mortem arrangements and has a clean antecedent. The State opposed the bail, arguing the seriousness of the offences listed under the Indian Penal Code. The Court, noting the petitioner’s lack of direct involvement in the murder and his clean record, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed that if arrested within eight weeks, the petitioner be released on bail under the stipulated conditions.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the offences alleged under the Indian Penal Code.
Whether the petitioner’s alleged assistance in cremation and evidence tampering amounts to participation in the murder offence.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Indian Penal Code — s. 109, 110, 111, 114, 115, 120B, 182, 194, 195, 201, 202, 203, 34

Subjects

anticipatory bail
murder
evidence tampering
Indian Penal Code
Section 482
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1019 of 2026
                       Arising Out of PS. Case No.-271 Year-2024 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Baidhnath Patel @ Baidyanath Patel @ Vijay S/o Bhaiyalal Rai R/o Village -
                 Majhaulia Gosaipur, P.S.- Dumra District - Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Virendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Anant Kumar 1, Addl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 109, 110, 114, 115, 182,

                   194, 195, 201, 202, 203, 111, 120B and 34 of the Indian Penal

                   Code.

                                3. As per F.I.R., all the named accused persons

                   committed murder of one Abhilasha Kumari and suppressed

                   evidence of murder by deleting footage of CCTV camera. This

                   petitioner is alleged to have assisted co-accused Rajkumar Rai

                   in cremation of the deceased and disappearance of evidence.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is co-villager of co-accused Rajkumar Rai and he is only alleged

                   to have assisted co-accused Rajkumar Rai and others in
            Patna High Court CR. MISC. No.1019 of 2026(2) dt.21-01-2026
                                                        2/2




                      disappearance of the evidence. There is no allegation that this

                      petitioner participated in commission of the murder. It is further

                      submitted that similarly situated co-accused persons have

                      already been granted anticipatory bail by co-ordinate Bench of

                      this Hon’ble Court vide order dated 15.01.2026 passed in Cr.

                      Misc. No. 90257 of 2025. Petitioner claims clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering backdrop of the case, nature of

                      accusation and clean antecedent, this anticipatory bail is allowed

                      and it is ordered that let the above named petitioner in the event

                      of his arrest/surrender before the court below within a period of

                      eight weeks from today, be enlarged on bail on furnishing bail-

                      bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Sitamarhi/Court concerned in connection with

                      Dumra P. S. Case No. 271 of 2024, subject to condition as laid

                      down under Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

Continue reading with your account

Checking your session…