Patna High Court

Rohit KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner.

Summary

The petitioner, Rohit Kumar, was accused of murdering a girl by drowning her, an offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita. The prosecution's case relied solely on the informant’s suspicion that the petitioner killed his daughter, with no eyewitness or material evidence linking the petitioner to the crime. The petitioner argued innocence, highlighted the lack of any incriminating material, and pointed to his clean antecedent. The State opposed the anticipatory bail application. Considering the nature of the accusation, the absence of evidence, and the petitioner’s clean record, the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted in a murder case under Section 103(1) of the Bharatiya Nyaya Sanhita when the prosecution’s case is based only on suspicion and lacks material evidence.
Whether the court may invoke Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail.

Legislation cited

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

Subjects

anticipatory bail
murder
suspicion
clean antecedent
Section 103
Section 482
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12310 of 2026
                 Arising Out of PS. Case No.-134 Year-2025 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
                 Rohit Kumar S/o Dilip Kumar @ Fakira Sah Resident of Village- Kumhar
                 Toli, Dalhutta, P.S.- Basdeopur, Distt.- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Kamal Nayan, Advocate
                 For the Opposite Party/s :      Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 103(1) of the Bharatiya

                   Nyaya Sanhita.

                                3. Prosecution case, in brief, is that on 24.04.2025,

                   daughter of the informant went to Kali Asthan Bariyarpur for

                   her preparation of home guard but she did not return. Later on,

                   this petitioner informed the informant that his daughter has

                   drowned near pillar no. 17. Thereafter, informant went on a

                   private boat and recovered her dead body. Informant suspects

                   that this petitioner killed his daughter by drowning her.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. There is no

                   eye witness to the occurrence and only suspicion has been raised
              Patna High Court CR. MISC. No.12310 of 2026(2) dt.24-02-2026
                                                          2/2




                        against petitioner only on the account that this petitioner

                        informed the informant about the incident. During investigation,

                        no material has come to show complicity of this petitioner in the

                        alleged incident. Petitioner claims clean antecedent.

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

                        the bail application.

                                     6. Considering the 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 Chief Judicial Magistrate,

                        Munger in connection with Muffasil P. S. Case No. 134 of 2025,

                        subject to condition as laid down under Section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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