Patna High Court
Chamcham KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail applications, granting bail to the petitioners subject to the conditions of Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners – Chamcham Kumari, Ramashray Singh and Anmol Kumar (Anmol Singh) – applied for bail in connection with Lakhisarai Police Station Case No. 364 of 2024, which alleges they killed the deceased under Sections 201, 302/34 of the Indian Penal Code. They contended that they are innocent, that the informant has withdrawn her statement, and that one petitioner is employed with the Sashastra Seema Bal, suggesting no flight risk. The learned counsel argued that the accusations are false and that the retraction of the informant’s statement weakens the prosecution’s case. The Court, after hearing the parties, allowed both bail applications and ordered release on a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The order directs the petitioners to surrender within four weeks and comply with the bail conditions.
Issues considered
- Whether bail should be granted to the petitioners pending trial in a murder case under Sections 201, 302/34 IPC.
- Whether the retraction of the informant’s statement creates reasonable doubt justifying bail.
- Whether the petitioners pose a flight risk or threat to the investigation.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- criminal procedure
- murder
- IPC sections 201 302 34
- retraction of statement
- SSB employee
- Section 438 CrPC
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36661 of 2025
Arising Out of PS. Case No.-364 Year-2024 Thana- LAKHISARAI District- Lakhisarai
======================================================
Chamcham Kumari Wife of Anmol Singh village- Akbarpur Samho, Ps-
Samho, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 61210 of 2025
Arising Out of PS. Case No.-364 Year-2024 Thana- LAKHISARAI District- Lakhisarai
======================================================
1. Ramashray Singh S/O Late Kusho Singh R/O Near D. A. V. Public School,
Lakhisarai, Panchwati Mohalla, P.S.- Lakhisarai, Dist.- Lakhisarai
2. Anmol Kumar @ Anmol Singh S/O Ramashray Singh R/O Vill.- Akbarpur,
P.S.- Sambho, Dist.- Begusarai
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 36661 of 2025)
For the Petitioner/s : Mr.Mukesh Kumar
For the Opposite Party/s : Mr.Dilip Kumar No. 1
(In CRIMINAL MISCELLANEOUS No. 61210 of 2025)
For the Petitioner/s : Mr.Madhav Raj
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 17-02-2026 Heard learned counsel for the petitioners and learned
APP for the State of both the aforesaid cases.
2. The petitioners apprehends their arrest in
connection with Lakhisarai P.S. Case No. 364 of 2024 registered
for the offence under Sections 201, 302/34 of the Indian Penal
Code.
3. As per the prosecution case, the petitioners are
the parents and grand father of the deceased are said to have
killed the deceased.
Patna High Court CR. MISC. No.36661 of 2025(4) dt.17-02-2026
2/2
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
petitioner no. 02 of Cr. Misc. No. 61210 of 2025 namely Anmol
Singh is working in the SSB. He next submits that the informant
has also resiled from her statement.
7. Considering the aforesaid facts, both the
aforesaid applications are allowed.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Lakhisarai/concerned Court below in
connection with Lakhisarai P.S. Case No. 364 of 2024, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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