Patna High Court
Abhimanyu Kumar @ Abhimanyu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to anticipatory bail, subject to bond and surety conditions.
Summary
The petitioner, Abhimanyu Kumar, was named in an FIR for the murder of an informant's married daughter, an offence alleged primarily against the victim's husband, Mukesh Kumar. The petitioner, a cousin of the husband, asserted that the FIR contains no specific allegation against him and highlighted his clean antecedent. The State opposed his application for anticipatory bail. The court examined the nature of the allegations, noting that the petitioner faced only a general conspiracy charge and had no direct involvement. Considering his clean record and lack of specific accusation, the court ordered anticipatory bail, requiring a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita despite being named in the FIR.
- Whether the general conspiracy allegation against the petitioner justifies denial of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- murder
- conspiracy
- clean antecedent
- Section 438
- Section 482
- Bhartiya Nyay Sanhita
- Criminal Procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22397 of 2025
Arising Out of PS. Case No.-212 Year-2024 Thana- GAMAHARIYA District- Madhepura
======================================================
Abhimanyu Kumar @ Abhimanyu Ram son of Late Brahmde Ram Village -
Kodihar Tarave, Ward No. 06, P.S.- Gamhariya, District- Madhepura
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha, Advocate
Mr.Kanchan Jha, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Gamhariya P.S.
Case No. 212 of 2024 registered for the offences punishable
under Sections 103(1), 3(5) of the Bhartiya Nyay Sanhita,
2023 (in short, the ‘B.N.S.’).
3. The allegation against the petitioner is to commit
murder of married daughter of informant in her matrimonial
home alongwith other named co-accused persons as she
opposed the illicit relationship of her husband with one of the
co-accused namely, Asha Devi, wife of Shrawan Ram.
Patna High Court CR. MISC. No.22397 of 2025(3) dt.10-02-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submitted that allegation is specifically available
against the husband of the deceased namely, Mukesh Kumar,
who said to be in illicit relationship with Asha Devi. It is
submitted that there is no allegation available as per FIR
against this petitioner and merely for the reason that he is the
cousin brother of husband of the deceased, he was also
implicated with the present crime in question. Petitioner
claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as petitioner is the cousin brother
facing almost no allegation, except general allegation as to
involve in conspiracy, coupled with the fact that petitioner is a
man of clean antecedent, accordingly, above-named
petitioner, in the event of his arrest/surrender within a period
of four weeks from this order, is directed to be enlarged on
bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.22397 of 2025(3) dt.10-02-2026
3/3
satisfaction of learned A.C.J.M.-VI, Madhepura/concerned
court in connection with Gamhariya P.S. Case No. 212 of
2024, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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