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Patna High Court

Murari KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the allegations involve a serious murder offence.

Summary

The petitioner, Murari Kumar, filed an anticipatory bail application fearing arrest in a murder case. The FIR alleges that he, along with four others, assaulted the informant’s father with the butt of a pistol, causing his death, following a disturbance at a wedding. The charge is framed under Section 103(1) of the B.N.S., 2023. The court examined the seriousness of the accusation and the potential for interference with the investigation. Considering the gravity of the alleged murder, the court rejected the anticipatory bail plea. Consequently, the petition was dismissed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the applicable provisions given the seriousness of the murder accusation
  • Whether the nature of the offence under Section 103(1) B.N.S., 2023 justifies denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • Section 103
  • B.N.S. 2023
  • high court
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3807 of 2026
                      Arising Out of PS. Case No.-236 Year-2025 Thana- SAKRA District- Muzaffarpur
                 ======================================================
                 Murari Kumar Son of Shri Kanahiya Kumar Thakur @ Kanahiya Thakur @
                 Kanhaiya Thakur @ Kanhai Thakur R/o Village - Sundarpur, P.S. -
                 Bariyarpur, Dist. - Muzaffarpur.
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amarendra Kumar
                 For the Opposite Party/s :        Mr.Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                    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 103(1) of the

                   B.N.S., 2023.

                                3. The informant alleged that his father (deceased)

                   was present in the marriage ceremony on 18.04.2025, when one

                   co-accused Divyanshu Kumar misbehaved with the baarati in

                   drunken state. The father of informant pacified the matter but

                   later on, the accused Divyanshu Kumar along with 4 others

                   including this petitioner came and assaulted informant's father

                   with butt of pistol, causing his death.

                                4. Petitioner is named in the F.I.R. with specific

                   accusation that he along with others committed murder of

                   informant’s father.
           Patna High Court CR. MISC. No.3807 of 2026(2) dt.11-02-2026
                                                       2/2




                                  5. Considering the nature of accusation, the prayer

                     for anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T


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