Patna High Court
Murari Singh @ Murari Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail is warranted as the petitioner has a clean antecedent and the matter stems from a private dispute, thereby granting bail under Section 438(2) CrPC and Section 482 B.N.S.
Summary
The petitioner, Murari Singh, feared arrest in a criminal case (Sono P.S. Case No. 153 of 2025) involving offences under Sections 191(2), 190(2), 303(2), 352, 351(1) and 109 of the B.N.S. The prosecution alleged that the petitioner, an agnate of the informant, was involved in a dispute over a residential house. The petitioner contended that he was falsely implicated, maintained a clean antecedent, and sought anticipatory bail. The State opposed the bail application, arguing the seriousness of the charges. The Court, after considering the private nature of the dispute and the petitioner’s clean record, allowed the anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Code of Criminal Procedure, 1973 in view of the alleged offences and the circumstances of the case.
Legislation cited
- B.N.S. — s. 109, 190(2), 191(2), 303(2), 351(1), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Section 482
- criminal procedure
- bail bond
- private dispute
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21727 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- SONO District- Jamui
======================================================
Murari Singh @ Murari Kumar Singh S/o Late Ganga Singh R/o vill -
Kewali, P.S.- Sono, Distt.- Jamui
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Sono P.S. Case No. 153 of 2025 registered for the offence
under Sections 191(2), 190(2), 303(2), 352, 351(1) and 109 of
the B.N.S.
3. As per the prosecution case, petitioner is the agnate
of the informant and there is a dispute with regard to their
residential house.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and they have
falsely been implicated in this case. It is next submitted that
there is a case and counter case between the parties. Petitioner
has clean antecedent.
Patna High Court CR. MISC. No.21727 of 2026(2) dt.30-04-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application is
allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, be released 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 the learned A.C.J.M.-II,
Jamui/ concerned Court below in connection with Sono P.S.
Case No. 153 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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