Patna High Court
Santosh Singh @ Santosh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail was granted subject to the conditions stipulated under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, three residents of Rohtas and Kaimur districts, sought anticipatory bail fearing arrest in a murder case (Dinara P.S. Case No.100 of 2025) filed under Sections 191(2), 191(3), 190, 352, 132 and 238 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners, after learning of a woman’s strangulation death, attempted to flee with the corpse to conceal the crime. The petitioners contended they were falsely implicated after protesting the police’s inaction in a separate murder of a petitioner’s daughter, and asserted they had no material against them and were already on bail in another case. The State opposed the anticipatory bail. The Court, after considering the submissions, granted anticipatory bail conditioned on the petitioners surrendering within six weeks, furnishing bail bonds of Rs.10,000 each with two sureties, and compliance with Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the material on record justifies denial of anticipatory bail in the murder case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 132, 190, 191(2), 191(3), 238, 352, 482(2)
Subjects
- anticipatory bail
- murder
- false implication
- Section 482
- criminal procedure
- bail conditions
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80042 of 2025
Arising Out of PS. Case No.-100 Year-2025 Thana- DINARA District- Rohtas
======================================================
1. Santosh Singh @ Santosh Kumar Singh S/o Kanhaiya Singh Resident of
village- Siarua, P.S.- Sanjhauli, Dist.- Rohtas.
2. Lav Kumar @ Lav Kumar Singh S/o Rajendra Singh R/o Vill.- Mahuari,
P.S.- Ramgarh, Dist.- Kaimur.
3. Arbind Kumar Gupta @ Arvind Kumar Gupta S/o Ramesh Kumar Gupta
R/o Vill.- Bhartiganj, P.S.- Sasaram, Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate.
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Dinara P.S. Case No.100 of 2025 instituted under Sections
191(2), 191(3), 190, 352, 132 & 238 of the B.N.S., 2023.
3. As per the prosecution case, on getting secret
information that a women has died under suspicious condition
in the house of one Bijay, the police party reached there and it
came to know that the women was killed by strangulation of her
neck with Saree, thereupon police prepared challan but the
petitioners alongwith other persons tried to instigate against
Patna High Court CR. MISC. No.80042 of 2025(2) dt.06-01-2026
2/3
administration and fled away with the dead body of the said
women with intention to disappear the same.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that when the police did not lodge the
case with respect to the murder of daughter of the petitioner
no.1, then the petitioners started protesting against the inaction
of the police and police has falsely filed the present case.
Learned counsel submits that for the said occurrence, the police
has further filed one more case i.e. Sasaram Town P.S. Case
No.209 of 2025 in which the petitioners are on bail. He further
submits that there is no material against the petitioners and they
undertake to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned Additional Chief Judicial Magistrate-I, Vikramganj in
Patna High Court CR. MISC. No.80042 of 2025(2) dt.06-01-2026
3/3
connection with Dinara P.S. Case No.100 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…