Patna High Court
Bipin @ Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the anticipatory bail, directing release on bail with conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Bipin Kumar, sought anticipatory bail in a case where he was accused of murder, attempt to murder, causing disappearance of evidence and criminal conspiracy under IPC sections 302, 324, 201 and 34. The FIR and charge‑sheet indicated that the investigation yielded no conclusive evidence, yet a non‑bailable warrant was issued after cognizance was taken on a protest‑cum‑complaint filed in 2010. The petitioner argued that he had clean antecedents, was never served with a summons, and would cooperate with the trial if released. The State opposed the bail. The High Court, invoking its inherent powers under CrPC Section 482(2), directed that the petitioner be released on bail upon furnishing a bail bond of Rs. 25,000 with two sureties, one of whom must be his uncle, and imposed conditions that bail may be cancelled if he attempts to delay charge‑framing or trial. The anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case involving serious offences such as murder and conspiracy despite a non‑bailable warrant.
- Whether the High Court may exercise its inherent powers under CrPC Section 482(2) to grant bail in the present circumstances.
- Whether the petitioner’s alleged willingness to cooperate and his clean antecedents justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 201, 302, 324, 34
Subjects
- anticipatory bail
- CrPC Section 482
- IPC sections 302, 324, 201, 34
- non‑bailable warrant
- high court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67339 of 2025
Arising Out of PS. Case No.-714 Year-2010 Thana- COMPLAINT CASE - BARH District-
Patna
======================================================
Bipin @ Bipin Kumar S/o Rambalak Rai @ Ram Balak Rai R/o Village-
Manjhla Bigha, P.S.- Manjhla Bigha Muffasil, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 24-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 302, 324, 201 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent. It is next
submitted that initially for the occurrence of murder of
complainant’s son, Pandarak P. S. Case No.123 of 2009 was
instituted in which police submitted charge-sheet in the Year
2010 recording occurrence true, but no clue, thereafter a protest
-cum- complaint petition in the Year 2010 was filed based on
which cognizance was taken in the Year 2017, thus petitioner
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apprehends arrest.
4. The learned counsel for the petitioner submits that
initially an FIR was instituted with regard to killing of the son of
the complainant for which a police case was instituted, but then,
the police after completing the investigation submitted charge-
sheet recording occurrence true, but no clue, thereafter the
learned Trial Court based on a protest petition took cognizance
in the Year 2017, but then, petitioner was never served with any
summon that he was required to appear before the learned Trial
Court. It is also submitted that when one investigating agency
after threadbare investigation came to a considered conclusion
that no clue could be gathered with regard to the occurrence
whether it would be prudent for the Court to send the petitioner
to jail based on an order of cognizance which came to be taken
based on protest filed by the complainant. It is next submitted
that a supplementary affidavit has been filed bringing on record
the entire order sheet of Complaint Case No.714(C) of 2010 and
from perusal of Page-11, it would manifest that the same records
that non-bailable warrant of arrest has been issued against the
petitioner on 21.05.2025. It is reiterated and submitted that
petitioner was completely unaware that based on protest,
cognizance has been taken against him. It is also submitted that
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if privilege of anticipatory bail is granted, the petitioner will not
abscond rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees
Twenty Five Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/successor Court in connection with Complaint Case
No.714(C) of 2010, subject to the conditions laid down under
Section 482(2) of the B.N.S.S. with a further condition that one
of the bailors of the petitioner shall be his uncle namely,
Shailendra Ray, who has sworn affidavit in the instant
anticipatory bail application.
7. The application stands allowed.
8. However, it is made clear that if the learned trial
court comes to a conclusion that petitioner after his release is
trying the delay the framing of charge or after framing of charge
is trying to delay the trial in both the conditions, the learned trial
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court shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
vikash/-
U T
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