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Patna High Court

Anuj KumarversusThe State of Bihar

Decided
Disposal
REJECTED

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

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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