Patna High Court
Anant Kumar @ Dharmendra Kumar @ LedaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed; the petitioners are to be released on bail subject to the conditions of Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners, Anant Kumar and Shit Kumar, applied for bail fearing arrest in a murder case (Samho P.S. Case No. 01 of 2025) where they were alleged to have killed the deceased under Sections 80(2), 238 and 3(5) of the Bihar Negotiable Substances Act (BNSS). The prosecution alleged their involvement, while the petitioners contended they were innocent, being brothers of the deceased's husband, and claimed they were falsely implicated with only vague allegations. The learned counsel argued that the allegations did not constitute a sufficient ground to deny bail. The High Court examined the applicability of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, finding no compelling reason to refuse bail. Consequently, the Court allowed the bail application, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether the petitioners are entitled to bail under Section 438 CrPC in view of the allegations of murder.
- Whether the allegations under Sections 80(2), 238 and 3(5) of the BNSS constitute sufficient ground to deny bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- Section 438
- Section 482
- murder
- false implication
- High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66713 of 2025
Arising Out of PS. Case No.-1 Year-2025 Thana- SAMHO District- Begusarai
======================================================
1. Anant Kumar @ Dharmendra Kumar @ Leda S/o Ram Sogarath Singh @
Sogarath Singh R/o Village/ Mohalla- Naya Tola Kurha, P.S.- Samho,
District- Begusarai
2. Shit Kumar S/o Ram Sogarath Singh @ Sogarath Singh R/o Village/
Mohalla- Naya Tola Kurha, P.S.- Samho, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 11-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Samho P.S. Case No. 01 of 2025 registered for
the offence under Sections 80(2), 238, 3(5) of the BNS.
3. As per the prosecution case, the petitioners and
others are said to have killed the deceased.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners being the brothers of the
husband of the deceased are innocent and they have falsely been
implicated in this case. He further submits that there is general
and omnibus allegations against the petitioners.
Patna High Court CR. MISC. No.66713 of 2025(5) dt.11-03-2026
2/2
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their 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 CJM,
Begusarai/concerned Court below in connection with Samho
P.S. Case No. 01 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)
Vikas/-
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