Patna High Court
Purushotam Kumar @ Purushotam Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
Petitioner Purushotam Kumar Singh was apprehended for possible arrest in a murder case (Case No. 154 of 2022) involving offences under IPC sections 302, 120(B), 34 and Arms Act section 27. He was not named in the FIR and the police had filed a closure report in his favour, which was accepted by the jurisdictional magistrate. Later, he was summoned under Section 319 CrPC based on general testimony of prosecution witnesses. The petitioner sought bail, arguing that a co‑accused, Vijay Kumar Singh, had been granted anticipatory bail and that parity demanded the same relief. The court noted the absence of his name in the FIR, the closure report, and the lack of specific evidence, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to a person not named in the FIR but later summoned under Section 319 CrPC.
- Whether the grant of anticipatory bail to a co‑accused creates a right to similar bail for the petitioner.
- Whether the closure report and lack of substantive evidence justify the grant of bail.
Legislation cited
- Arms Act — s. 27
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 319, 482(2)
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- anticipatory bail
- FIR
- closure report
- Section 319 CrPC
- Section 482(2) BNSS
- IPC 302
- IPC 120B
- IPC 34
- Arms Act 27
- parity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68999 of 2025
Arising Out of PS. Case No.-154 Year-2022 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Purushotam Kumar @ Purushotam Kumar Singh Son of Ramanand Singh @
Raman Singh Resident of Village - Kundwa Chainpur, P.S.- Kundwa
Chainpur, Dist.- East Champaran, Bihar, Pin – 845304. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Pandey, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel appearing on behalf of
the petitioner and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioner apprehending his
arrest in connection with Kundwa Chainpur P.S. Case
No. 154 of 2022 registered for the offences punishable
under Sections 302, 120(B), 34 of the Indian penal
Code and Section 27 of Arms Act.
3. As per prosecution case, the informant has
alleged that his brother, namely, Suresh Singh @
Mastan ji, who was Mahanth in a local Hanuman
temple and as some local persons suspected that he
wants to capture the land of the Math/Mandir,
petitioner alongwith other named co-accused persons
committed murder of brother of the informant by
causing firearm injuries.
Patna High Court CR. MISC. No.68999 of 2025(3) dt.11-02-2026
2/3
4. It is submitted by learned counsel
appearing on behalf of the petitioner that petitioner
was not named with FIR and during course of
investigation his name was transpired out of local
enmities. It is submitted that police after investigation
submitted closure report qua petitioner which was also
accepted by learned Jurisdiction Magistrate but
subsequently considering the nature of testimony of
other prosecution witnesses during the trial, which
appears very much general and omnibus in nature, this
petitioner was summoned under Section 319 of Cr.P.C.,
having apprehension that he might be sent to jail upon
surrender. It is submitted that considering aforesaid
aspect, similarly situated co-accused, namely, Vijay
Kumar Singh was also granted anticipatory bail by one
of the learned co-ordinate Bench of this Court through
Cr. Misc. No. 38084 of 2025 dated 04.07.2025 and, as
such, this petitioner as a matter of judicial parity,
deserves bail.
5. Learned APP while opposing the prayer of
bail could not disputed the aforesaid factual
submission.
6. In view of aforesaid factual submissions and
by taking note of fact as petitioner was not named in
Patna High Court CR. MISC. No.68999 of 2025(3) dt.11-02-2026
3/3
FIR, where the police after investigation submitted
closure report qua petitioner, accordingly, above
named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a
period of four weeks of the order, is directed to be
released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned
Additional District and Sessions Judge-20, Civil Court,
Motihari/concerned Court, where the case is pending in
connection with Kundwa Chainpur P.S. Case No. 154 of
2022 subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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