Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Raj Kumar Singh and Ranu Singh, sought anticipatory bail after learning that they might be arrested in a case registered under Sections 302, 201 and 120B of the Indian Penal Code for the alleged murder of the informant’s son. The FIR was based solely on the informant’s suspicion; the informant was not an eye‑witness and the deceased’s son had earlier died by suicide, for which a separate U.D. case was filed. The petitioners asserted their innocence, clean antecedents and highlighted that co‑accused persons had already been granted anticipatory bail by the same court. The State, represented by an Additional Public Prosecutor, opposed the bail application. Considering the nature of the accusation, the lack of direct evidence, and the precedent of bail to co‑accused, the court allowed anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under Sections 302, 201 and 120B IPC
- Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 justify granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120B, 201, 302
Subjects
- anticipatory bail
- murder
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- clean antecedent
- suspicion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12652 of 2026
Arising Out of PS. Case No.-749 Year-2023 Thana- SAHARSA SADAR District- Saharsa
======================================================
1. Raj Kumar Singh Son of Late Damodar Singh R/o Village - Routa, P.S. -
Saurbazar, Dist. - Saharsa.
2. Ranu Singh @ RanaPratap Singh Son of Late Raj Bhallav Singh @ Bhulla
Singh R/o Village - Routa, P.S. - Saurbazar, Dist. - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 302, 201, 120B of the
Indian Penal Code.
3. As per F.I.R., informant suspects that these
petitioners along with other named accused persons committed
murder of his son due to the illicit relation of his son with co-
accused Doli Kumari.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioner no. 1 is own brother-in-law and petitioner no. 2 is
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neighbour of the deceased. Informant is not an eye witness to
the occurrence and petitioners have been made accused in this
case only on suspicion. As a matter of fact, son of the informant
committed suicide by hanging for which U.D. Case No. 6 of
2023 was registered on 7.7.2023 and after lapse of one month,
present case was lodged, in which, after investigation, police
submitted final form. Similarly situated co-accused persons
have already been granted anticipatory bail by co-ordinate
Bench of this Court vide Annexure-2. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their 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) each with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Saharsa in connection with Saharsa Sadar
P. S. Case No. 749 of 2023, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Patna High Court CR. MISC. No.12652 of 2026(2) dt.09-04-2026
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Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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