Patna High Court
Anuj Kumar @ Setthi YadavaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
Anuj Kumar was implicated in a case registered under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita for the alleged killing of an informant's son. The petitioner contended that the accusation was based solely on suspicion, with no eyewitness testimony and that the deceased had died by suicide, as indicated by the post‑mortem report. He also highlighted his clean antecedent and the absence of any material evidence linking him to the crime. The State opposed the bail application, arguing the seriousness of the charge. The Court, after considering the lack of evidentiary support and the petitioner's clean record, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the petitioner be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted in a case where the accusation is based on suspicion and lacks eyewitness evidence
- Whether the petitioner's clean antecedent and the circumstances of the deceased's death justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103, 3(5)
Subjects
- anticipatory bail
- murder
- suspicion
- clean antecedent
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70161 of 2025
Arising Out of PS. Case No.-74 Year-2025 Thana- DEHRI TOWN District- Rohtas
======================================================
Anuj Kumar @ Setthi Yadava Son of Basudeo Yadav R/O Village - Shivganj,
Ward No.- 29, P.S.- Dehri, District - Rohtas, Caste by Hindu Yadav.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Din Bandhu Singh, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 103, 3(5) of the
Bharatiya Nyaya Sanhita.
3. Informant suspects that this petitioner along with
co-accused Manoj Singh killed the son of informant as on
earlier occasion, son of the informant refused to work with
them.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. There is no
eye witness to the occurrence and petitioner has been made
accused in this case only on suspicion. During investigation,
none of the witnesses have claimed to have seen this petitioner
committing the alleged offence. As a matter of fact, deceased
Patna High Court CR. MISC. No.70161 of 2025(5) dt.17-02-2026
2/2
was suffering from trigeminal neuralgia i.e., squad disease and
he committed suicide. No external of internal injury was found
on the person of deceased and as per post-mortem report also,
cause of death is Asphyxia due to hanging. Petitioner claims
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Sub-Divisional Judicial
Magistrate, Dehri On-Sone in connection with Dehri Nagar P. S.
Case No. 74 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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