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Patna High Court

Vinayak Kumar @ Chhotu Singh @ Chhotu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Vinayak Kumar applied for anticipatory bail fearing arrest in a murder case (Parbatta P.S. Case No. 70 of 2025) where he is charged under Sections 103(1) and 61(2) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, as well as under Sections 318(2)(3)(4) of the same Act for a related FIR. The State argued that custodial interrogation was necessary because the petitioner is suspected of killing the deceased over a land‑sale dispute. The Patna High Court, after hearing, declined to grant anticipatory bail, finding the seriousness of the allegations and the need for interrogation outweighed the petitioner's apprehensions. The court dismissed the bail application, ordered the petitioner to surrender within four weeks, and directed that regular bail be sought, warning that failure to surrender would lead to arrest by the Superintendent of Police, Khagaria.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the charges of murder, arms possession and the State's claim of need for custodial interrogation.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • arms act
  • custodial interrogation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46558 of 2025
                      Arising Out of PS. Case No.-70 Year-2025 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Vinayak Kumar @ Chhotu Singh @ Chhotu Kumar S/o Anil Singh R/o
                 Village- Nayaganw Satkhutti, Ward No 05, PS- Parbatta, District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vivekanand Singh
                 For the Opposite Party/s :      Mr.Upendra Kumar
                                                 Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   17-01-2026                    Heard the parties.

                                 2. The petitioner apprehends his arrest in connection

                   with Parbatta P.S. Case No. 70 of 2025 registered for the offence

                   under Sections 103(1), 61(2) of the BNS and under Section 27

                   of the Arms Act.

                                3. The petitioner is suspected of killing the deceased

                   and the motive for killing the deceased is that the petitioner had

                   acted as a tout and has sold some land belonging to the deceased

                   but has not given the proceeds of the same to the deceased. The

                   demand of the money by the deceased is a reason for the death

                   of the deceased and for the same an FIR bearing Parbatta P.S.

                   Case No. 68 of 2025 was registered against the petitioner under

                   Sections 318(2)(3)(4) of the BNS.
          Patna High Court CR. MISC. No.46558 of 2025(4) dt.17-01-2026
                                                      2/2




                                 4. The learned APP for the State has submitted that

                    custodial interrogation of the petitioner is required as he is

                    suspected of killing the deceased.

                                 5. Considering the above, this Court is not inclined to

                    grant anticipatory bail to the petitioner at this stage.

                                 6. Accordingly, this application is dismissed.

                                 7. The petitioner is directed to surrender within four

                    weeks from today and pray for regular bail failing which the

                    Superintendent of Police, Khagaria will take all steps for the

                    arrest of the petitioner/accused person/s.

                                 8. Let a copy of this order be communicated to the

                    Superintendent of Police, Khagaria through FAX for its

                    compliance.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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