Patna High Court

Gajendra Kumar @ Janendra Kumar @ Janendra @ Badu KumarversusThe State of Bihar

Decided: 6 April 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the nature of the accusations and post‑mortem report warranted custody.

Summary

The petitioners, who are agnates of the informant, sought anticipatory bail after being implicated in a FIR alleging they, along with unknown persons, assaulted the informant's son, leading to his death. The FIR, dated 15-06-2024, charges them under Sections 147, 341, 323, 302 and 506 of the Indian Penal Code. The petitioners claim innocence, citing a pending property dispute and a police final report stating lack of evidence against them. The informant contended that the petitioners were present at the scene, armed, and that the post‑mortem confirmed death due to external injuries. The Court, considering the seriousness of the alleged offences and the post‑mortem findings, refused the anticipatory bail application.

Issues considered

Whether anticipatory bail can be granted to the petitioners under the circumstances of the FIR and post‑mortem report
Whether the evidence on record is sufficient to justify denial of anticipatory bail

Legislation cited

Indian Penal Code — s. 147, 302, 323, 341, 506

Subjects

anticipatory bail
IPC offences
murder
assault
property dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4503 of 2026
                         Arising Out of PS. Case No.-201 Year-2024 Thana- SAHPUR District- Patna
                 ======================================================
           1.     Gajendra Kumar @ Janendra Kumar @ Janendra @ Badu Kumar S/o
                  Bachhu Rai Resident of Village- Usari, P.S.- Shahpur, District- Patna
           2.    Jitendra Kumar S/o Bachhu Rai Resident of Village- Usari, P.S.- Shahpur,
                 District- Patna
           3.    Naresh Rai S/o Late Rajnandan Rai Resident of Village- Usari, P.S.-
                 Shahpur, District- Patna
           4.    Dinesh Rai @ Dinesh Kumar Singh S/o Late Rajnandan Rai Resident of
                 Village- Usari, P.S.- Shahpur, District- Patna
           5.    Munna Rai @ Nitesh Kumar S/o Shyam Babu Rai Resident of Village-
                 Usari, P.S.- Shahpur, District- Patna
           6.    Bittu Rai @ Bittu Kumar S/o Shyam Babu Rai Resident of Village- Usari,
                 P.S.- Shahpur, District- Patna
           7.    Dharmend Rai @ Abhishek Rai @ Abhishek Kumar @ Dharmendra Kumar
                 S/o Dinesh Rai Resident of village- Usari, P.S.-Shahpur, District- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Sr. Advocate
                                                   Mr. Satish Chandra, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, A.P.P.
                 For the Informant        :        Mr. Sadanand Goswami, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   06-04-2026                   Heard learned counsel for the petitioners, informant

                   and the State.

                                 2. Petitioners apprehend arrest in Shahpur P. S. Case

                   No. 201 of 2024 registered for the offences punishable under

                   Sections 147, 341, 323, 302, 506 of the Indian Penal Code.

                                 3. As per F.I.R., on 15.06.2024 at about 10 AM, all the

                   named accused persons, including these petitioners and some
            Patna High Court CR. MISC. No.4503 of 2026(3) dt.06-04-2026
                                                        2/2




                      unknown miscreants, brutally assaulted the son of informant by

                      means of lathi, bamboo etc. as a result of which, he sustained

                      injuries and was declared dead upon reaching the hospital.

                                   4. Learned counsel for the petitioners submits that

                      petitioners are innocent and have committed no offence. As a

                      matter of fact, petitioners and informant are agnates having

                      property dispute for which Title Suit No. 170 of 2021 is pending

                      in the court of learned Sub-Judge 1st, Danapur. Police after

                      investigation submitted final form for want of evidence against

                      these petitioners.

                                   5. Learned counsel for the informant vehemently

                      opposed the bail application and submitted that these petitioners

                      were seen at the place of occurrence, armed with weapons and

                      in post-mortem report cause of death is due to external injuries

                      found on the body of deceased.

                                   6. Considering the nature of accusation and post-

                      mortem report, prayer for anticipatory bail of the petitioners is

                      refused.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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