Patna High Court
Satyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is denied to the petitioners.
Summary
The petitioners, Satyam Kumar and Amrita Kumari, were implicated in a murder case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly killing the son of an informant. They sought anticipatory bail, asserting innocence, lack of eyewitness testimony, and clean antecedents. The State opposed the bail, presenting material evidence, including a post‑mortem report indicating death by asphyxia due to hyoid bone fracture, and emphasizing the specific and direct accusations against them. The Court examined the gravity of the offence, the seriousness of the allegations, and the evidentiary material gathered during investigation. Considering these factors, the Court concluded that the petitioners did not merit the protection of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bharatiya Nyaya Sanhita in view of the specific accusations of murder
- Whether the material evidence and gravity of the offence justify denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- anticipatory bail
- murder
- Bharatiya Nyaya Sanhita
- material evidence
- grave offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71808 of 2025
Arising Out of PS. Case No.-152 Year-2025 Thana- NAWADA District- Nawada
======================================================
1. Satyam Kumar Son of Vijay Prasad Resident of Village - Parwati, P.S.-
Shahpur, District - Nawada.
2. Amrita Kumari Daughter of Vijay Prasad Resident of Village - Parwati, P.S.-
Shahpur, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 05-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in Nawada
Town P. S. Case No. 152 of 2025 registered for the offences
punishable under Sections 103(1) and 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per prosecution case, son of informant, namely
Jahangir, was in love affair with petitioner no. 2 and it is alleged
that on 04.02.2025, petitioner no. 2 called the son of informant
to take her sister, namely Chhoti Kumari, for examination and
thereafter, all the F.I.R. named accused persons, including these
petitioners, killed the son of informant.
Patna High Court CR. MISC. No.71808 of 2025(6) dt.05-02-2026
2/2
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Informant is not an eye witness to
the occurrence. Petitioners have falsely been implicated in this
case merely on suspicion. Petitioners claim clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. with specific accusation that they, along with other
accused persons, killed the son of informant. During course of
investigation, sufficient material evidence has come to suggest
that all the accused persons, including these petitioners, killed
the deceased. In the post mortem report, the cause of death is
Asphyxia due to hyoid bone fracture.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and materials that have surfaced during course of investigation,
the prayer for grant of anticipatory bail to the petitioners is
rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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