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Patna High Court

Bipin @ Bipin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.67339 of 2025(5) dt.24-03-2026
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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
Patna High Court CR. MISC. No.67339 of 2025(5) dt.24-03-2026
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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
               Patna High Court CR. MISC. No.67339 of 2025(5) dt.24-03-2026
                                                           4/4




                         court shall be at liberty to cancel the bail bonds of the petitioner.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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