Patna High Court
Krishna Kumar @ Krishna Kumar RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, given the petitioner's clean antecedent and the possibility of false implication, anticipatory bail under Section 438 CrPC is warranted.
Summary
The petitioner, Krishna Kumar, sought anticipatory bail fearing arrest in a case (PS Simri Bakhtiyarpur Case No. 256 of 2025) alleging offences under Sections 64(1) and 3(5) of the B.N.S. The prosecution alleged that the petitioner had pretended to marry an informant, who was already married, to facilitate a relationship. The petitioner contended that he was innocent, that the informant had knowingly misled the authorities, and that he had a clean antecedent. The State opposed the bail, arguing the seriousness of the alleged offences. The Court, after considering the facts, allowed the anticipatory bail, directing the petitioner to surrender within four weeks and execute a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure, 1973 in view of the alleged offences under Sections 64(1) and 3(5) of the B.N.S.
- Whether the petitioner is likely to flee, tamper with evidence or otherwise obstruct the investigation.
Legislation cited
- B.N.S. — s. 3(5), 482, 64(1)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- marriage pretext
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5975 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Krishna Kumar @ Krishna Kumar Raj S/o Suresh Choudhary Resident of
village - Makhan Tola, Ward no. 23, P.S - Simri Bakhtiyarpur, District -
Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Rashmi Jha, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Simri Bakhtiarpur P.S. Case No. 256 of 2025
registered for the offence under Sections 64(1), 3(5) of B.N.S.
3. As per the prosecution case, petitioner is alleged
to have made relationship with the informant on the pretext of
marriage
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that informant
is a married woman and she very well knew that she cannot
enter into matrimonial relationship without obtaining divorce
Patna High Court CR. MISC. No.5975 of 2026(3) dt.24-02-2026
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from her first husband. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned C.J.M.,
Saharsa/ concerned Court below in connection with Bakhtiarpur
P.S. Case No. 256 of 2025, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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