Patna High Court
Anshuman AgrawalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions, under Section 482(2) of the Code of Criminal Procedure.
Summary
The petitioners, Anshuman Agrawal and Krishna Kumar, sought anticipatory bail fearing arrest in a complaint case alleging murder, criminal conspiracy and common intention under IPC sections 302, 120B and 34. The prosecution alleged that the son of an informant was drowned on 08.03.2023 by the accused. The petitioners contended they were innocent, pointing to an earlier unnatural death case where the post‑mortem showed no foul play and alleging that the complaint was based on fabricated photographs and video. They also highlighted that co‑accused in a similar matter had already been granted anticipatory bail and emphasized their clean antecedents. The State opposed the bail, but the Court, considering the general nature of the accusation, parity with co‑accused and the petitioners’ clean record, allowed anticipatory bail with conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under IPC sections 302, 120B and 34
- Whether the alleged fabricated evidence and the seriousness of the charges justify denial of bail
- Whether parity with co‑accused already granted anticipatory bail warrants granting bail to the petitioners
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 120B, 302, 34
Subjects
- anticipatory bail
- IPC
- murder
- criminal conspiracy
- common intention
- bail conditions
- parity
- clean antecedent
- Darbhanga
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83383 of 2025
Arising Out of PS. Case No.-566 Year-2023 Thana- DARBHANGA COMPLAINT CASE
District- Darbhanga
======================================================
1. Anshuman Agrawal S/O Rakesh Agrawal @ Rakesh Kumar AgrawaL
Resident of Ward No. 7, Near Raman Press, Banglagarh, P.S. L.N.M.U,
District- Darbhanga
2. Krishna Kumar S/O Sri Subhash Kumar @ Shubhash Kasera @ Shubhash
Sah Resident of Maulviganj, Ward No. -06, Balughat, Laharshahi, P.S. L.N.
M.U., District-Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kiran Devi W/O Virendra Kumar R/O Mohalla- Alinagar, Ward no. 1, P.S.-
LNMU Campus, Dist.- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Ms. Jyoti Kumari, Advocate
For the State : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a
complaint case registered for the offence punishable under
Sections 302, 120B and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on
08.03.2023, the son of informant was drowned to death by all
the named accused persons, including these petitioners.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have committed no offence.
Patna High Court CR. MISC. No.83383 of 2025(2) dt.09-02-2026
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He submits that on the alleged date of occurrence, on the
fardbeyan of father of deceased (husband of informant), a U.D.
case, bearing vide U.D. Case No. 02 of 2023, was registered and
after investigation, police found that it was a case of unnatural
death and final form was submitted and no abnormality was
found in the post mortem report. After lapse of more than two
months, the present complaint case was lodged by the mother of
the deceased and on the basis of some fake photographs and
video, the learned Magistrate took cognizance against these
petitioners. Moreover, similarly situated co-accused persons
have already been granted the privilege of anticipatory bail by
this Hon’ble Court vide order dated 03.11.2025 passed in Cr.
Misc. No. 67850 of 2025. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the petitioners, the prayer for
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, let the above named petitioners, in the
event of their arrest/surrender within a period of eight weeks
Patna High Court CR. MISC. No.83383 of 2025(2) dt.09-02-2026
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from today, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Darbhanga in connection with Complaint Case No.
566 of 2023, subject to conditions as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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