Patna High Court
Vinayak Kumar @ Chhotu Singh @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1), 318(2), 318(3), 318(4), 61(2)
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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