Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Anil Kumar, sought regular bail in a case registered under sections 103(1) and 3(5) of the BNS, alleging that he was falsely implicated in the death of the informant's husband. The prosecution alleged that the petitioner had a motive stemming from prior enmity and that the husband disappeared after going with the petitioner. The petitioner’s counsel argued that the FIR showed a history of enmity, that witnesses did not see any crime, and that the autopsy report indicated death by drowning with no ante‑mortem injuries, thereby lacking any material linking the petitioner to the offence. The State opposed bail, but the court, after considering the lack of incriminating evidence and the petitioner’s prolonged judicial custody since 25‑06‑2025, ordered his release on regular bail upon furnishing a bond with sureties. The order directed the petitioner to appear before the District and Sessions Judge‑I, Arwal, with the required bail bond.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 103(1) and 3(5) of the BNS.
- Whether the evidence on record, including the autopsy report and witness statements, establishes a prima facie case against the petitioner.
- Whether the petitioner is a flight risk or likely to tamper with evidence, justifying denial of bail.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- regular bail
- criminal procedure
- BNS
- section 103(1)
- section 3(5)
- drowning
- autopsy report
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4713 of 2026
Arising Out of PS. Case No.-8 Year-2025 Thana- Parasi District- Arwal
======================================================
Anil Kumar S/o Kusal Saw R/o Village- Laxmanpur Bathe, P.S.- Parasi,
District- Arwal (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1) and
3(5) of BNS.
3. The case of the prosecution is that the husband of
the informant has gone with the petitioner but he did not return.
The informant suspects that the petitioner due to previous
enmity has killed the husband of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that there was previous enmity between the
parties and previously also, a case was filed by the mother-in-
Patna High Court CR. MISC. No.4713 of 2026(3) dt.31-03-2026
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laws of the informant. Learned counsel has submitted that if
there was any previous enmity then it is not possible that the
deceased will follow the petitioner and will go with him. It has
further been submitted that during course of investigation,
police has examined witnesses who have stated that they have
not seen the occurrence. At most, it can be a case of last scene.
He has further submitted that from perusal of the postmoretem
report, it is clear that the doctor conducting the autopsy of the
deceased has not found any ante-mortem injury and has opined
that the death is due to asphyxia due to drowning leading to
cardio respiratory arrest. He has also submitted that it is a case
of drowning and the deceased himself has drown during taking
bath. There is no any material to connect the petitioner with the
offence. Police has filed final form against other accused
persons. Moreover, the petitioner is languishing in judicial
custody since 25.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Patna High Court CR. MISC. No.4713 of 2026(3) dt.31-03-2026
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Parasi P.S. Case No. 08 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Sessions Judge-I,
Arwal.
(Ashok Kumar Pandey, J)
shubham/-
U T
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