Patna High Court
Arjun SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120B, 201, 302
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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