Patna High Court
Baiju Kumar @ Baiju Kumar Das @ Baiju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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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