Patna High Court
Anup Singh @ Anup Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 304, 34
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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