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Patna High Court

Rajnath KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the anticipatory bail application, granting bail subject to bond and surety conditions.

Summary

Petitioner Rajnath Kumar sought anticipatory bail after being implicated in a murder case (Section 302 IPC) registered as Manihari P.S. Case No. 95 of 2025. The prosecution alleged he strangulated the deceased, but the petitioner’s counsel argued that no material evidence linked him to the crime and that he was merely under suspicion. The State opposed the bail, contending the seriousness of the offence. The Court examined the lack of substantive evidence and the principle that anticipatory bail may be granted to prevent unlawful arrest. It granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, directing the petitioner to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a murder case where only suspicion exists
  • Whether the conditions under Section 482(2) of the BNSS are applicable

Legislation cited

Subjects

  • anticipatory bail
  • Section 302 IPC
  • bail bond
  • investigation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72845 of 2025
                       Arising Out of PS. Case No.-95 Year-2025 Thana- MANIHARI District- Katihar
                 ======================================================
                 Rajnath Kumar S/o Late Ramdhari Mahto @ Namdhari Mahto R/o Village-
                 Naya Tola, P.O. and P.S.- Manihari, District- Katihar, PIN- 854113

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Dhananjay, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   21-01-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Manihari P.S. Case No. 95 of 2025 registered for offences under

                   Section 302 of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner is

                   suspected of strangulating the deceased and killing her.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that at this time, the investigation is going on

                   and no material has come to connect the petitioner with the

                   crime except for suspicion.

                                5. Learned APP for the State has vehemently opposed

                   the prayer for bail.
            Patna High Court CR. MISC. No.72845 of 2025(3) dt.21-01-2026
                                                        2/2




                                   6. Considering the facts and circumstances of the

                      case, this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail till the

                      completion of the investigation on furnishing bail bonds of

                      Rs.10,000/- (Rupees ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned District and

                      Additional Sessions Judge-III, Katihari/concerned Court below

                      in connection with Manihari P.S. Case No. 95 of 2025 subject to

                      the conditions as laid down under Section 482(2) of the BNSS.

                                   8. The petitioner shall cooperate in the investigation.

                      If the charge-sheet is submitted against the petitioner, the

                      petitioner may renew his prayer for bail after completion of the

                      investigation.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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