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Patna High Court

Anup Singh @ Anup Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court rejected the petitioner's application for anticipatory bail.

Summary

The petitioner, Anup Singh, applied for anticipatory bail in connection with a criminal case (Siswan P.S. Case No. 32 of 2020) alleging his involvement in the death of a person, charged under Sections 304 and 34 of the Indian Penal Code. The prosecution presented a post‑mortem report indicating that the deceased died from head injuries caused by a hard blunt object, supporting the allegation that the petitioner was the assailant. The court examined the seriousness of the offence and the evidence on record. Considering the gravity of the alleged culpable homicide, the court declined to grant anticipatory bail. The petitioner was ordered to surrender within four weeks to seek regular bail, and failure to do so would result in his arrest by the Superintendent of Police, Siwan.

Issues considered

  • Whether anticipatory bail should be granted in a case of alleged culpable homicide under Sections 304 and 34 of the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 304
  • IPC 34
  • culpable homicide
  • bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58005 of 2025
                         Arising Out of PS. Case No.-32 Year-2020 Thana- SISWAN District- Siwan
                 ======================================================
                 Anup Singh @ Anup Kumar Singh S/o- Om Prakash Singh Resident of
                 Baghauna P.S- Siswan Dist- Siwan A/P- Kolar Road Gehukheda Ps- Kolar
                 Dist- Bhopal

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Kamlesh Singh Son of Rana Pratap Singh Resident of Village- Baghauna,
                 P.S.- Siswan, Siwan At present- S.R.H.I. 34 Kanhakunj, Phase 1, Kolar
                 Road, Bhopal, Madhya Pradesh

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Naresh Prasad
                 For the Opposite Party/s :        Mr. Ajay Kumar No. 2
                                                   Mr. Madhukar Mohan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   23-02-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the O.P.

                   No. 2.

                                2. The petitioner apprehends arrest in connection with

                   Siswan P.S. Case No. 32 of 2020 registered for offences under

                   Sections 304/34 of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner is the

                   assailant of the deceased who during treatment has died. The

                   petitioner is alleged to have assaulted the deceased with a hard-

                   blunt substance causing head injury and the post-mortem report

                   supports the prosecution case.
            Patna High Court CR. MISC. No.58005 of 2025(8) dt.23-02-2026
                                                        2/2




                                   4. Considering the nature and gravity of the offence,

                      this Court is not inclined to grant the privilege of anticipatory

                      bail to the petitioner in the present case.

                                   5. Accordingly, the application for anticipatory bail is

                      hereby rejected. The photocopy of the post-mortem produced is

                      taken on record.

                                   6. The petitioner is directed to surrender in the court

                      below within a period of four weeks from today and seek

                      regular bail, failing which the Superintendent of Police, Siwan

                      will take all steps for the arrest of the petitioner.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.

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

                      Superintendent of Police, Siwan through FAX for its compliance

                      forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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