Patna High Court
Vijay Singh @ Vijay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it subject to conditions.
Summary
The petitioner, Vijay Singh, was implicated in a murder case (Section 302 read with Section 34 IPC) concerning the death of a schoolboy. The prosecution’s case relied mainly on the informant’s suspicion and statements of witnesses, with no eyewitness to the alleged killing. The petitioner argued that he had no involvement in the school’s administration, that the death was a suicide, and highlighted his serious health condition and clean antecedent. The State opposed anticipatory bail, asserting that the petitioner, as in‑charge of the school, was involved in the homicide. The Court examined the lack of specific incriminating material against the petitioner and applied the provisions of Section 438 of the CrPC read with Section 482. It granted anticipatory bail subject to stringent conditions, including surety, personal appearance, and verification of antecedents. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail can be granted when only suspicion and no specific evidence links the petitioner to the offence.
- Whether the provisions of Section 438 CrPC and Section 482 CrPC permit bail in a murder case under Section 302 IPC read with Section 34.
- Whether the petitioner’s health condition and clean antecedent justify bail.
Legislation cited
- Code of Criminal Procedure — s. 161, 438, 482
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- Section 302 IPC
- Section 34 IPC
- CrPC
- Section 438
- Section 482
- evidence
- suspicion
- health condition
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55546 of 2025
Arising Out of PS. Case No.-170 Year-2023 Thana- MASAUDHI District- Patna
======================================================
Vijay Singh @ Vijay Kumar Singh S/o Raudi Singh R/o Village - Kumhartoli
near Durga Mandir, Masaurhi, P.S - Masaurhi, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate
Mr. Ram Sumiran Rai, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 21-01-2026 Heard Mr. Y.C. Verma, learned Senior counsel
assisted by Mr. Ram Sumiran Rai, learned counsel, for the
petitioner and learned APP for the State.
2. Petitioner apprehends his arrest in connection with
Masaurhi P.S. Case No. 170 of 2023 registered for the offence
under Section 302 read with Section 34 of the Indian Penal
Code.
3. As per the prosecution case, the informant has
alleged that his two sons study in Navodaya Academy
Residential School at Kumhartli, Masaurhi. It has been alleged
that after the Holi festival, he went and dropped his two children
at the hostel and subsequently on the next day, he received one
phone call that his son, namely, Priya Ranjan has died. It is
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alleged that he reached at the school and saw the dead-body of
his son lying on a chowki and then he tried to talk to his other
son, however, in the meantime the director of the school,
namely, Chandan Kumar, Vijay Singh, wife of Vijay Singh and
wife of Chandan Kumar forcibly loaded the dead-body of his
son on his vehicle and thereafter the dead-body of his son was
taken to Masaurhi police station. A suspicion has been raised by
the informant against all the four named accused persons
including the petitioner.
4. Learned Senior counsel for the petitioner submits
that the petitioner is innocent and has falsely been implicated in
this case without any specific allegation. It has further been
submitted that admittedly there is no eyewitness to the
occurrence. It has next been submitted that that even from the
perusal of the FIR, it would be evident that only a suspicion has
been raised against the petitioner and others and during the
course of investigation the son of the informant was examined
by the I.O., who also happens to be a student at the said school,
and has stated that he has seen Chandan Sir slapping his brother
and thereafter he was taken to another room and was locked
inside. It has further been submitted that during the course of
investigation several witnesses have been examined under
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Section 161 of the Cr.P.C., namely, Bittu Kumar and Anish
Kumar and they have stated that the son of the informant was
not happy to come back to the house after holi holidays and his
father had in fact slapped them and forcibly brought them back
to school and in protest the two sons of the informant had not
taken the dinner a day prior to the fateful day and they had seen
the son of the informant hanging in his room on the next day.
5. Learned Senior counsel for the petitioner submits
that the petitioner has no concern with the running of the school
and in fact it is Chandan Kumar, who has been running the
school in the hostel and from the statement of the witnesses it is
a case of suicide, as it is also evident that the deceased was not
willing to come back to school after holidays but he was forced
by his father. It has further been submitted that the petitioner
himself is a cancer patient and he had been admitted in
Mahamana Pandit Madan Mohan Malviya Cancer Center at
Varanasi. It has also been submitted that a few witnesses have
stated that the petitioner was not there at the house and had gone
to Patna to get his medicine. It has lastly been submitted that the
petitioner has clean antecedent.
6. Learned APP for State has vehemently opposed the
prayer for anticipatory bail of the petitioner and has stated that
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the petitioner being the In-charge of the school is stated to have
been involved in the killing of the son of the informant. It has
further been submitted that the brother of the deceased has
stated about Chandan Kumar, who was seen to be assaulting the
deceased prior to his body being found at the chowki lying dead.
7. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties and
taking into account that there is nothing specific against the
petitioner and only a suspicion has been raised against him,, let
the petitioner above named be released on anticipatory bail, in
the event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Masaurhi P.S. Case No. 170 of 2023, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
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violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
8. Accordingly, the prayer for anticipatory bail is
allowed.
9. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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