Patna High Court

Ashutosh Kumar @ Krishna Kumar @ KrishnaversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was denied.

Summary

The petitioner, Ashutosh Kumar, sought anticipatory bail in connection with a murder case (PS Case No.40 of 2025) filed under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He alleged that he was falsely implicated, that no specific overt act was attributed to him, and that he had no criminal antecedents. The State opposed the bail, contending that the FIR and case diary indicated the petitioner's active involvement in the murder. The Court examined the material in the case diary, the gravity of the offence, and the lack of specific evidence against the petitioner, and concluded that anticipatory bail could not be granted. However, the Court directed that if the petitioner surrenders within six weeks and applies for regular bail, the application will be considered on its merits.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in a murder case where the FIR does not allege a specific overt act by him.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)

Subjects

anticipatory bail
murder
false implication
Bharatiya Nyaya Sanhita
criminal procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73071 of 2025
                       Arising Out of PS. Case No.-40 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Ashutosh Kumar @ Krishna Kumar @ Krishna S/o Kamleshwar Singh
                 Resident of Bahasi Damodar Ward No. 1, P.S.- Jandaha, District- Vaishali



                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gautam Raja, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Jandaha P.S. Case No. 40 of 2025 instituted for the

                   offences under Sections 103(1), 238, 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                               3. Allegation against the accused persons including the

                   petitioner is of commission of murder of the informant’s son.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel for the petitioner submitted that general and
Patna High Court CR. MISC. No.73071 of 2025(3) dt.09-02-2026
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          omnibus allegation has been made against the petitioner. No

          specific overt act is alleged against the petitioner. Learned

          counsel further submitted that from perusal of the FIR, it

          appears that co-accused Shivam Paswan is alleged to have an

          altercation with the deceased and his brother had threatened to

          kill the deceased a few days before the incident and sofaras the

          present petitioner is concerned, he has no concern with the

          accused person. It has been submitted on behalf of the petitioner

          that the petitioner has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner stating that

          petitioner is named in the FIR and as per the material available

          in the case diary there is active involvement of the petitioner in

          the commission of murder of the deceased.

                       6. Considering the aforesaid facts and circumstances

          of the case, material against the petitioner in the case diary as

          also nature and gravity of offence, this Court is not inclined to

          grant anticipatory bail to the petitioner.

                       7. Accordingly, the prayer for grant of anticipatory

          bail to the petitioner is, hereby, rejected.

                       8. However, if the petitioner surrenders before the

          learned court below within a period of six weeks from today and
           Patna High Court CR. MISC. No.73071 of 2025(3) dt.09-02-2026
                                                       3/3




                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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