Patna High Court
Baban SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner was deemed to have participated in the forcible taking of the deceased, leading to his death.
Summary
The petitioner, Baban Singh, was implicated in a murder case (PS Case No. 22 of 2021) under Sections 302 and 34 of the Indian Penal Code, where the deceased was allegedly taken by the accused on 20 December 2020 and found dead the next day. The petitioner applied for anticipatory bail, claiming innocence, lack of any overt act, and a clean antecedent. The State opposed the bail, arguing that the petitioner, along with others, forcibly took the deceased, leading to his death. The court examined the allegations and the circumstances of the alleged forcible abduction and subsequent death. Concluding that the petitioner’s involvement was material to the offence, the court refused the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a murder case under Sections 302 and 34 IPC.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- IPC 302
- IPC 34
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20108 of 2026
Arising Out of PS. Case No.-22 Year-2021 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Baban Singh S/o- Late Parmeshwar Singh R/v- Minapur Harka Ps- Minapur
Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Bochahan P. S. Case
No. 22 of 2021 registered for the offence punishable under
Section 302/34 of the Indian Penal Code.
3. As per F.I.R., on 20.12.2020 at about 4 PM, all the
named accused persons, including this petitioner, took the
husband of informant with them and on the next day, he was
found dead.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. At best,
petitioner is alleged to be last seen with the deceased and there
is no allegation of any overt act against him. Petitioner claims
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.20108 of 2026(2) dt.05-05-2026
2/2
the bail application.
6. Considering the fact that this petitioner along with
others forcibly took the deceased with them and thereafter, his
dead body was recovered, prayer for anticipatory bail of the
petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…