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Patna High Court

Baiju Kumar @ Baiju Kumar Das @ Baiju KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner.

Summary

The petitioner, Baiju Kumar, sought anticipatory bail fearing arrest in a case registered under Section 137(2) of the B.N.S. The prosecution alleged that the son of an informant went missing and that co‑accused Harikesh Kumar, Krishna and Naveen, in their confessional statements, implicated the petitioner in the alleged electrocution death. The post‑mortem report, however, indicated death due to hemorrhage and shock from a head injury, contradicting the co‑accused’s statements. The petitioner asserted his innocence, clean antecedents, and that he was not named in the FIR. The court, after considering the contradictory forensic evidence, the general nature of the accusation, and the petitioner’s clean record, granted anticipatory bail, directing bail‑bond and sureties subject to Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the confessional statements of co‑accused, contradicted by post‑mortem findings, constitute sufficient ground for arrest

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • post mortem report
  • Section 137(2)
  • Section 482(2)
  • criminal procedure
  • bail
  • clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2462 of 2026
                     Arising Out of PS. Case No.-408 Year-2025 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Baiju Kumar @ Baiju Kumar Das @ Baiju Kumar Son of Ganaur Das
                 Resident of Village - Bathnaha Tole Lakshmipur, P.S. - Bathnaha, District -
                 Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ashok Kumar Jha, Advocate
                 For the State           :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   30-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 137(2) of the

                   B.N.S..

                                3. The case of the prosecution, in brief, is that son of

                   the informant, who was a tempo driver, went missing in the

                   evening of 20.08.2025. When a call was made on his mobile

                   phone, his mobile was found switched off.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner is not named in the F.I.R. as

                   F.I.R. was lodged against unknown. During investigation, co-
Patna High Court CR. MISC. No.2462 of 2026(3) dt.30-03-2026
                                            2/3




          accused Harikesh Kumar, Krishna and Naveen were arrested

          and they made their confessional statement and named this

          petitioner. It is further submitted that as per confessional

          statement of co-accused persons, all the accused persons,

          including this petitioner, killed the deceased by electrocution.

          However, the doctor who conducted the post mortem

          examination of the deceased has opined that the cause of death

          was due to hemorrhage and shock as a result of head injury.

          Post mortem depicts one ante mortem injury i.e. fracture of the

          frontal bone. Thus, post mortem report belies the so called

          confessional statement of co-accused persons on the basis of

          which this petitioner was made accused in this case. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, materials that

          have surfaced during investigation and clean antecedents of the

          petitioner, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within
             Patna High Court CR. MISC. No.2462 of 2026(3) dt.30-03-2026
                                                         3/3




                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Judicial Magistrate 1st Class,

                       Sitamarhi in connection with Bathnaha P.S. Case No. 408 of

                       2025, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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