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Patna High Court

Arjun SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners under Section 438(2) of the CrPC.

Summary

The petitioners, Arjun Singh and Abir Hussain, sought bail in a criminal case registered under Sections 302, 201 and 120B of the Indian Penal Code for the alleged murder of a father. They argued that the prosecution's case is based solely on circumstantial evidence and that there is no direct or indirect proof of their involvement. The State opposed the bail application, contending the seriousness of the offences. The Court noted that a similarly situated co‑accused had previously been granted bail in a related matter. Accordingly, the Court allowed bail, directing the petitioners to furnish a bond of Rs.10,000 each with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure.

Issues considered

  • Whether bail should be granted to the accused in a murder case (IPC Sections 302, 201, 120B) where the evidence is primarily circumstantial.

Legislation cited

Subjects

  • bail
  • circumstantial evidence
  • murder
  • IPC
  • CrPC
  • Section 438
  • East Champaran
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73079 of 2025
                     Arising Out of PS. Case No.-5 Year-2024 Thana- DARPA District- East Champaran
                 ======================================================
           1.     Arjun Singh S/O Late Basudev Singh R/O village- Dubha, Ward No. 2, P.S.-
                  Darpa, Dist.- East Champaran
           2.    Abir Hussain S/O Mozahir Hussain R/O vill.- Uchidi, P.s.- Harpur, Dist.-
                 East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar Ii , Advocate
                 For the Opposite Party/s :       Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                    Heard learned counsel for the petitioners and the

                   State .

                                2. The petitioners apprehends arrest in a case

                   registered for the offence punishable under sections 302, 201,

                   120B of the Indian Penal Code .

                                3 . As per the prosecution case , informant suspects

                   that all the FIR named accused persons have committed murder

                   of his father.

                                4. Learned counsel appearing for the petitioners

                   submits that it is a case of circumstantial evidence . Petitioners

                   are innocent and has committed no offence as alleged. During

                   course of investigation , there is no direct or indirect evidence
            Patna High Court CR. MISC. No.73079 of 2025(2) dt.16-01-2026
                                                        2/2




                      against these petitioners to show their complicity in the alleged

                      occurrence . Similarly situated co-accused person has already

                      been granted bail by this Hon’ble Court vide order dated

                      19.08.2025 in Cr. Misc. No. 27352 of 2025 .

                                   5 . Learned APP for the State opposed the bail.

                                   6. Considering the aforesaid facts of the case, prayer

                      for bail of the petitioner is allowed. In the event of

                      arrest/surrender within eight weeks from today, let the

                      petitioners, mentioned above, be enlarged on bail on furnishing

                      bail bond of Rs.10,000/- (ten thousand) each with two sureties

                      of the like amount each to the satisfaction of Chief Judicial

                      Magistrate , Motihari, East Champaran in Darpa Police Station

                      Case No. 05/2024 , subject to the conditions laid down under

                      section 438(2) of the Code of Criminal Procedure .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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