Patna High Court
Bikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to petitioners 4 and 5, but denied to petitioners 1, 2 and 3.
Summary
The petitioners, five individuals from Nandlalpur, were charged in Muffasil P.S. Case No. 78 of 2025 for a range of offences under the Indian Penal Code, including murder of a police officer, assault, and other violent crimes. The incident arose when ASI Santosh Kumar Singh attempted to pacify a fight and was attacked by the petitioners, leading to his death. The petitioners sought regular bail, claiming innocence, and highlighted that two female co‑accused had been granted bail by a co‑ordinate bench. The State opposed bail, emphasizing the seriousness of the offences, particularly the murder of a police officer. The court granted bail to the two female petitioners (Nos. 4 and 5) upon furnishing bond and sureties, subject to cooperation, but denied bail to the three male petitioners (Nos. 1, 2, and 3) who were held responsible for the murder and assault.
Issues considered
- Whether the petitioners are entitled to regular bail despite being charged with murder of a police officer and other serious offences
- Whether the gender of the accused or the bail granted to a co‑accused influences the bail decision
Legislation cited
- Indian Penal Code — s. 103(1), 115(2), 117(2), 118(1), 118(2), 121(2), 126(2), 132, 190, 191(2), 191(3), 303(2), 352
Subjects
- regular bail
- murder of police officer
- assault
- Indian Penal Code
- gender and bail
- partial bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60721 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- MUNGER MUFFASIL District- Munger
======================================================
1. Bikash Kumar S/o Late Narayan Yadav R/o Village - Nandlalpur, P.S -
Muffasil, District - Munger
2. Ranbir Kumar S/o Late Narayan Yadav R/o Village - Nandlalpur, P.S -
Muffasil, District - Munger
3. Guddu Kumar S/o Late Narayan Yadav R/o Village - Nandlalpur, P.S -
Muffasil, District - Munger
4. Rekha Devi W/o Late Narayan Yadav R/o Village - Nandlalpur, P.S -
Muffasil, District - Munger
5. Sarita Devi W/o Ranjit Kumar R/o Village - Nandlalpur, P.S - Muffasil,
District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashutosh Kumar Verma, Adv.
For the Opposite Party/s : Mr.J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 02-02-2026 Heard the learned counsel for the petitioners as
well as the learned Additional Public Prosecutor for the State.
2. The petitioners is seeking regular bail in connection
with Muffasil P.S. Case No. 78 of 2025, registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(1), 117(2), 118(2), 132, 121(2), 103(1), 303(2), 352
of the BNS.
3. According to allegation, A.S.I. Santosh Kumar
Singh ( since the deceased) received information on 112 that
two groups were fighting. He, along with the police party, went
Patna High Court CR. MISC. No.60721 of 2025(3) dt.02-02-2026
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there to pacify the matter. In course of pacifying the matter, he
entered the courtyard of Ranbir Kumar, (Petitioner No. 2),
where the named accused persons, including the petitioners,
started assaulting A.S.I. Santosh Kumar Singh on his head with
an iron rod, dabiya etc., causing grievous injuries. They also
snatched the mobile set, on which, the deceased used to receive
calls on 112. Thereafter, A.S.I. Santosh Kumar Singh was taken
to the hospital, where he died during course of treatment.
4. The learned counsel for the petitioners has
submitted that the petitioners are innocent and have falsely been
implicated in this case. He has further submitted that Petitioner
Nos. 4 and 5 are ladies and on exactly similar footing, co-
accused Mausam Kumari has been granted bail by a co-ordinate
Bench of this Court. They have been in custody since March
2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner nos. 4 & 5 above-named, are
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- each with two sureties of the like amount each to
the satisfaction of learned CJM, Munger/concerned court in
Patna High Court CR. MISC. No.60721 of 2025(3) dt.02-02-2026
3/3
connection with Muffasil P.S. Case No. 78 of 2025, subject to
the condition that the petitioners shall cooperate in the
disposal of trial and make themselves available as and when
required by the court.
7. So far as Petitioner Nos. 1, 2, and 3 are concerned,
they committed the murder of a police officer, who had gone to
the place of occurrence to pacify the matter. The petitioners also
assaulted the police personnel and caused them injuries.
Accordingly, their prayer for bail is rejected.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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