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Patna High Court

Madan Kumar singh @ Madan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied to the petitioner.

Summary

The petitioner, Madan Kumar Singh, sought anticipatory bail in a murder case (PS Case No. 213 of 2025) where he is one of five accused under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the accused killed the informant's brother and disposed of the body, while the petitioner claims innocence, arguing that the informant is not an eye‑witness and that he has a clean antecedent. The State opposed bail, emphasizing the seriousness of the charges and the petitioner’s inclusion in the FIR. The High Court, after hearing both sides, declined to grant anticipatory bail, finding the circumstances insufficient for such relief. However, the Court directed that if the petitioner surrenders within four weeks, the trial court must hear his surrender‑cum‑bail application on the merits without prejudice to the rejection of anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged murder charges.
  • Whether the allegations and the nature of the FIR justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • murder
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16706 of 2026
                    Arising Out of PS. Case No.-213 Year-2025 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Madan Kumar singh @ Madan Kumar Son of Ramnath singh Resident of
                 Village- Rupas 17 Bigha Ps- Bakhtiyarpur District -Patna
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandra Mohan Jha, Adv.
                 For the Opposite Party/s :      Mrs. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   06-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Bakhtiyarpur P.S. Case No. 213 of 2025 lodged on

                   04.05.2025, for the offence punishable under Sections 103(1),

                   238 & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending in

                   the Court of A.C.J.M.-III, Barh, Patna.

                                3. As per the prosecution, FIR has been lodged against

                   five named accused persons including the present petitioner. It

                   has been alleged by the informant that all the accused persons

                   have killed his brother and threw his dead body in the field.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   submits that there is general and omnibus allegation against the

                   petitioner and he has been falsely implicated in this case due to

                   ulterior motive of the informant. He submits that from perusal
             Patna High Court CR. MISC. No.16706 of 2026(3) dt.06-05-2026
                                                         2/2




                       of the FIR, it is evident that the informant is not the eye witness

                       of the alleged incident. He further submits that the petitioner has

                       clean antecedent.

                                    5. Learned APP for the State opposes the prayer for

                       bail of the petitioner and submits that the present case is lodged

                       under section 103(1) of the B.N.S. 2023 and as per the FIR, the

                       petitioner is named and he alongwith other co-accused persons

                       have brutally murdered the informant’s brother.

                                    6. As such, in the present facts and circumstances, this

                       Court is not inclined to grant bail to the petitioner. Accordingly,

                       the prayer for anticipatory bail of the petitioner stands rejected.

                                    7. However, if petitioner surrenders before the

                       concerned Trial Court within a period of 4 weeks from today

                       then in that case, the Trial Court is directed to pass order on his

                       surrender-cum-bail application on the same day, without being

                       prejudice that the anticipatory bail of the petitioner has been

                       rejected by this Court and the Trial Court shall pass order on the

                       merit of this case.


                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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