Patna High Court
Animesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the petitioner.
Summary
The petitioner, Animesh Kumar, was arrested for alleged participation in the assault and murder of an informant’s brother, with a video showing him assaulting the deceased. He applied for regular bail under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, having been in custody since 31 August 2025. The court examined the seriousness of the offence and the incriminating video evidence. It concluded that the nature of the crime warranted denial of bail. Consequently, the bail application was rejected, with the court noting its observations are prima facie and limited to the bail matter.
Issues considered
- Whether regular bail should be granted to the accused under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault and murder.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- criminal procedure
- assault
- murder
- video evidence
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25067 of 2026
Arising Out of PS. Case No.-161 Year-2025 Thana- Bhararhi District- Madhepura
======================================================
Animesh Kumar S/o Jyoti Rishidev Village - Dhurgosn, Ward no. - 12, P.S.
-Bharrahi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh
For the Opposite Party/s : Mr. Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bharrahi P.S. Case No. 161 of 2025 registered for the offence
under Sections 103(1)/3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The petitioner is accused of participating in the
assault and murder of the informant’s brother, along with other
co-accused persons. One video of the crime surfaced in which
the petitioner has been found to have been assaulting the
deceased without any reason. The petitioner is in custody since
31.08.2025.
4. Considering the fact that the petitioner has
assaulted the deceased, this Court is not inclined to grant regular
Patna High Court CR. MISC. No.25067 of 2026(2) dt.16-04-2026
2/2
bail to the petitioner.
5. Accordingly, this application for regular bail stands
rejected.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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