Patna High Court
Kalyan Patel @ Kalyan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner under Section 438 CrPC, subject to specified conditions.
Summary
The petitioner, Kalyan Patel, sought anticipatory bail after being implicated in two murder FIRs (Sections 302, 120(B) IPC) concerning the hanging deaths of a girl and a boy. The prosecution alleged that the petitioner lured the victims, while the petitioner argued the deaths were a suicide pact due to family pressure, as evidenced by a prior case where the cause of death was recorded as asphyxia from hanging. The State opposed bail, citing the seriousness of the offences and the petitioner's alleged criminal antecedent. The Court examined the facts, the nature of the deaths, and the precedent of Rajesh Patel & Ors. v. State of Bihar, and decided to grant anticipatory bail under Section 438(2) of the CrPC with stringent conditions. The order required a bail bond of Rs.10,000 with two sureties, appearance before the trial court, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a person accused of murder and criminal conspiracy.
- Whether the cause of death being asphyxia due to hanging influences the grant of bail.
- Whether the petitioner’s alleged criminal antecedent bars anticipatory bail.
- Whether imposing conditions such as surety, appearance, and non‑interference with witnesses is permissible.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 102, 120, 302
Subjects
- anticipatory bail
- murder
- criminal conspiracy
- hanging death
- Section 438 CrPC
- IPC Section 302
- IPC Section 120(B)
- bail conditions
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.752 of 2026
Arising Out of PS. Case No.-97 Year-2022 Thana- BAIRIYA District- West Champaran
======================================================
Kalyan Patel @ Kalyan Kumar Son of Pradeep Patel Resident of Mohalla -
Dumariya, Ps- Bairiya, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Bairiya P.S. Case No. 97 of 2022 for the offence registered
under sections 302, 120(B) of the IPC lodged on 13.04.2022 by
the informant, Hira Mahto.
3. As per the prosecution story, the informant alleged
that the accused persons including the petitioner herein lured his
daughter and took away with them. Later, he came to know that
the girl has been killed and found hanging in a tree. This led to
the FIR.
4. There is another story by way of Bairiya P.S. Case
No. 95 of 2022 under Section 302, 102(B) of the IPC where
Rajesh Prasad @ Rajesh Patel has alleged that his son had gone
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to see the orchestra party, but the accused persons took him and
later, he came to know that his son, Ravi Kishan Patel and
daughter of the informant have been killed and hanged to a tree.
Accordingly, the name of these petitioners and other accused
persons have come in the FIR.
5. Learned counsel for the petitioner has taken this
Court to an order passed in the case of Rajesh Patel & Ors. vs.
State of Bihar (Cr. Misc. No. 38819 of 2025) to show that in that
case, the case diary was called for in which it was recorded that
two young boy/girl died and the cause of death was Asphyxia
due to hanging. In that background, it has been informed that
the accused were granted relief (Annexure-2 to the petition).
6. The submission is that contrary to the allegation in
the FIR, both the boy and the girl were in relationship, due to
pressure in the family not to tie the nuptial knots, they took the
extreme step and left the world but the same has been given a
different color.
7. Learned APP for the State, Mr. Bharat Bhushan, on
the other hand, opposes the prayer for anticipatory bail
submitting that allegation is against this petitioner and he is also
having criminal antecedent.
8. Considering the submissions of the parties as also
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the materials that has come on record and the cause of death has
been found to be Asphyxia due to hanging, not only that of the
girl but also of the boy who belong to the petitioner’s family, in
that background, this Court is inclined to grant him the
anticipatory bail with conditions.
9. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate-1st Class, West Champaran at Bettiah in connection
with Bairiya P.S. Case No. 97 of 2022 subject to condition as
laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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