Patna High Court
Madan Kumar singh @ Madan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
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/-
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