Patna High Court
Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Anuj Kumar was arrested on 24 September 2025 in connection with a FIR under Sections 103 and 61(2) of the Bharatiya Nyay Sanhita, 2023, alleging his involvement in the murder of a villager's husband through conspiracy. The prosecution presented statements from villagers and medical evidence indicating the petitioner assaulted and killed the victim with a spade. The petitioner argued he has a clean record, is not named in the FIR, and is being held solely on suspicion without substantive material linking him to the crime. The State opposed bail, emphasizing the seriousness of the offence and the supporting evidence. The Court, after considering the facts, declined to grant bail, finding the circumstances insufficient to justify release pending trial.
Issues considered
- Whether bail should be granted to the accused in a murder and conspiracy case under the Bharatiya Nyay Sanhita, 2023, given the evidence presented.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 61(2)
Subjects
- bail
- murder
- conspiracy
- criminal procedure
- Bharatiya Nyay Sanhita
- judicial custody
- suspicion
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12250 of 2026
Arising Out of PS. Case No.-512 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Anuj Kumar S/o Ramjatan Mahto R/o Village - Alalpur, P.S - Ghosi, District -
Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard Mr. Shivendra Prasad, learned counsel for
the petitioner and Mr. Anil Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
24.09.2025 in connection with Ghosi P.S. Case No. 512 of 2025,
FIR dated 24.09.2025 registered for the offence under Section
103, 61(2) of the Bharatiya Nyay Sanhita, 2023.
3. According to the prosecution case, the informant
alleged that the petitioner along with other co-accused persons
killed her husband under conspiracy.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has
falsely been made implicated in this case merely on the basis of
suspicion. Petitioner is not named in the FIR and and except
suspicion, no other cogent material has come during
Patna High Court CR. MISC. No.12250 of 2026(3) dt.30-04-2026
2/2
investigation which suggest the involvement of the petitioner in
the present occurrence and the petitioner is rotting in judicial
custody since 24.09.2025.
5. Learned A.P.P. for the State, on the other hand,
has vehemently opposed the prayer for bail of the petitioner and
submits that from bare perusal of the paragraph no.9 of the case
diary, it suggests that some of the villagers have stated that the
petitioner had assaulted and killed the husband of the informant
by means of spade, and the same was also supported by the
medical evidence.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Ghosi P.S. Case No. 512 of 2025, pending in
the Court of C.J.M., Jehanabad.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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