Patna High Court
Rajnath KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 302
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
Checking your session…