Patna High Court

Murari SinghversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that anticipatory bail must be denied where the petitioner has a serious charge under Section 395 IPC and a substantial criminal antecedent, justifying refusal of bail.

Summary

The petitioner, Murari Singh, sought anticipatory bail after learning that he might be arrested in a case registered under Section 395 of the Indian Penal Code. The investigation identified him based on a confessional statement made by co-accused Nikesh Kumar. The petitioner has six prior criminal convictions, some of which are of a similar nature to the present charge. The court examined whether the seriousness of the offence and the petitioner’s criminal antecedents justified granting anticipatory bail under Section 438 of the Criminal Procedure Code. Considering the nature of the accusation and the petitioner’s history, the court concluded that bail could not be granted. Consequently, the petition for anticipatory bail was rejected.

Issues considered

What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail under Section 438 CrPC when the petitioner has multiple prior convictions and is implicated in a serious offence under Section 395 IPC?

Legislation cited

Code of Criminal Procedure, 1973 — s. 438
Indian Penal Code — s. 395

Subjects

anticipatory bail
Section 395 IPC
Section 438 CrPC
criminal antecedent
high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.28269 of 2025
                           Arising Out of PS. Case No.-82 Year-2017 Thana- SIMRI District- Darbhanga
                    ======================================================
                    Murari Singh S/O Sanjay Singh R/O Village- Kapariya, P.S- Khajauli, Distt.-
                    Madhubani.
                                                                              ... ... Petitioner/s
                                                    Versus
                    The State of Bihar
                                                                       ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Ms.Kusum Rani
                    For the Opposite Party/s :        Mr.Zainul Abedin
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

5      03-02-2026                   Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Section 395 of the

                      Indian Penal Code.

                                   3. Name of the petitioner transpired during course of

                      investigation on the basis of confessional statement of co-

                      accused Nikesh Kumar. Petitioner has got six criminal

                      antecedent and some of them are of similar nature.

                                   4. Considering the nature of accusation and criminal

                      antecedent,       the prayer for anticipatory bail of petitioner is

                      rejected.



                                                        (Prabhat Kumar Singh, J)
anay

U        T

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