Patna High Court

Raja Babu Singh @ Raja SinghversusThe State of Bihar

Decided: 9 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated bond and conditions.

Summary

Petitioner Raja Babu Singh was implicated in a murder case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita based solely on a prior dispute, with no eye‑witness and a confession by another accused who did not name him. The petitioner applied for anticipatory bail, asserting innocence, clean antecedent and that the investigation produced no material linking him to the crime. The State and the informant opposed the bail. The Court noted the absence of direct evidence, the confession of the co‑accused, and the petitioner's clean record, and consequently granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the absence of eye‑witnesses and direct evidence.
Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 103(1), 3(5)

Subjects

anticipatory bail
murder
lack of evidence
confession
clean antecedent
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12130 of 2026
                    Arising Out of PS. Case No.-195 Year-2024 Thana- PATAHI District- East Champaran
                 ======================================================
                 Raja Babu Singh @ Raja Singh Son of Sadanand Singh Resident of Village -
                 Gujraul, Ps- Patahi, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manish Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Sunil Kumar Pandey, A.P.P.
                 For the Informant        :        Mr. Madhurendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-04-2026                   Heard learned counsel for the petitioner, informant

                   and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 103(1), 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, it is alleged that this

                   petitioner, along with other accused persons, committed murder

                   of the husband of informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence. From

                   bare perusal of the F.I.R. it is apparent that there is no eye

                   witness to the occurrence and only suspicion has been raised

                   against this petitioner only on the ground of prior dispute. It is
Patna High Court CR. MISC. No.12130 of 2026(3) dt.09-04-2026
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          further submitted that during investigation, one Sone Lal Sah

          was apprehended and he, in his confessional statement,

          confessed that he committed the alleged offence and he has not

          named this petitioner. During investigation, no material has

          come to suggest the complicity of this petitioner in the alleged

          offence. Similarly situated co-accused, namely, Abhiram Kumar

          has already been granted anticipatory bail by this Court vide

          order dated 17.03.2026 passed in Cr. Misc. No. 89942 of 2025.

          Petitioner claims clean antecedent.

                       5. Learned A.P.P. for the State as well as learned

          counsel for the informant 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 Judicial Magistrate,

          1st Class, East Champaran, Motihari in connection with Patahi P.

          S. Case No. 195 of 2024, subject to condition as laid down

          under Section 482(2) of the Bharatiya Nagarik Suraksha
              Patna High Court CR. MISC. No.12130 of 2026(3) dt.09-04-2026
                                                          3/3




                        Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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