Patna High Court

Sanjay KumarversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied.

Summary

The petitioners, Sanjay Kumar and Shyam Sunder Prasad, were alleged to have participated in the murder of an informant’s daughter and to have hung the dead body with a fan. The FIR charges them under Sections 103 and 61(2)(a) of the B.N.S., 2023. Fearing arrest, they filed an application for anticipatory bail. The court examined the seriousness of the accusation and noted that the petitioners have five prior criminal antecedents. In view of the nature of the offence and their antecedents, the bench held that anticipatory bail could not be granted. Accordingly, the petition for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioners despite the serious murder allegation and their criminal antecedents?

Legislation cited

B.N.S., 2023 — s. 103, 61(2)(a)

Subjects

anticipatory bail
murder
criminal antecedent
B.N.S. 2023
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1790 of 2026
                     Arising Out of PS. Case No.-211 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
           1.     Sanjay Kumar S/o Shyam Sunder Prasad R/o village - Fulwariya , P.S -
                  Ghorasan, District - East Champaran
           2.    Shyam Sunder Prasad S/o Late Inardeo Prasad R/o Village - Fulwariya, P.S -
                 Ghorasan, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sarvan Kumar
                 For the Opposite Party/s :      Mr.Abhay Kumar Roy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners apprehend arrest in a case,

                   registered for offence punishable under Sections 103, 61(2)(a)

                   of the B.N.S., 2023.

                                3. Allegation against petitioners is that they along

                   with other co-accused persons committed murder of daughter of

                   informant and hanged the dead-body with a fan. Petitioners are

                   occupant of the house, from where, dead-body of informant’s

                   daughter was recovered. Petitioners have got five criminal

                   antecedent.

                                4. Considering the nature of accusation and criminal
           Patna High Court CR. MISC. No.1790 of 2026(2) dt.29-01-2026
                                                       2/2




                     antecedent, the prayer for anticipatory bail of petitioners is

                     rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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