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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied; the petitioners must surrender for a surrender‑cum‑bail application.

Summary

The petitioners Sunil Kumar, Shyam Kumar and Ramakant Prasad sought anticipatory bail in connection with a murder case (Ghorasahan P.S. Case No. 211 of 2025) where a 15‑year‑old girl was found hanged in a house belonging to a fifth accused, Sanjay Kumar. The prosecution alleged that the three petitioners were part of a conspiracy to murder the girl, citing the FIR, inquest report, forensic‑science‑lab report and post‑mortem findings indicating death by asphyxia due to hanging. The petitioners contended that they were falsely implicated, that the police recovered the body in the presence of locals, and that there was no direct evidence against them, highlighting clean antecedents for two of them. The State opposed bail, emphasizing the seriousness of the offence under Sections 103 and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023, and the corroborative statements of witnesses. The High Court, after reviewing the case diary, declined to grant anticipatory bail, finding the material evidence sufficient to justify denial. However, the Court allowed the petitioners to surrender within six weeks, directing the trial court to decide any surrender‑cum‑bail application on the same day without prejudice to the earlier rejection.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Sections 103 and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023 in view of the evidence presented.
  • Whether the prosecution's evidence establishes a prima facie case sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • hanging
  • Bharatiya Nyaya Sanhita
  • Section 103
  • Section 61(2)(a)
  • high court
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8384 of 2026
                     Arising Out of PS. Case No.-211 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
           1.     Sunil Kumar Son of Late Deonarayaan Prasad R/o Village - Ghorahasan,
                  P.S. - Ghorahasan, Dist. - East Champaran.
           2.    Shyam Kumar Son of Late Deonarayan Prasad R/o Village - Ghorahasan,
                 P.S. - Ghorahasan, Dist. - East Champaran.
           3.    Ramakant Prasad Son of Late Rambalak Prasad R/o Village - Ghorahasan,
                 P.S. - Ghorahasan, Dist. - East Champaran.

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarvan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Nitya Nand Tiwary, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Ghorasahan P.S. Case No. 211 of 2025 lodged

                   on 03.07.2025, for the offence punishable under Sections 103 &

                   61(2)(a) of the Bharatiya Nyaya Sanhita, 2023, pending in the

                   Court of S.D.J.M. Dhaka, East Champaran.

                                3. As per the prosecution, FIR has been lodged against

                   five named accused persons including the present petitioners.
Patna High Court CR. MISC. No.8384 of 2026(3) dt.01-04-2026
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          The informant has stated that she and her 15-year-old daughter

          doing maid work. On 01.07.2025 at around 8 pm, her daughter

          did not return home. Thereafter, she went to the houses where

          she worked, looking for her. When the informant finally reached

          Sanjay Kumar's house, she found her daughter's slippers at the

          main gate and the door was locked from the outside. The

          informant started screaming loudly, and people from the

          neighbourhood gathered. At that very moment, the police

          arrived, opened the main gate, and went inside and found her

          daughter's body hanging from a fan in Sanjay Kumar's bedroom.

          The police took down her daughter's body and took it to Sadar

          Hospital, Motihari, for post-mortem examination. The informant

          further claims that all the named accused persons have

          murdered her daughter with wrong intentions under a

          conspiracy.

                       4. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Counsel submits that the petitioners have been falsely

          implicated in this case. He further submits that the police has

          broken the door and recovered the dead body in presence of

          several local persons. He submits that there is no evidence

          against the petitioners. Counsel also submits that the petitioner
Patna High Court CR. MISC. No.8384 of 2026(3) dt.01-04-2026
                                            3/4




          nos.1 & 2 have clean antecedent, whereas, the petitioner no.3

          has three criminal antecedents.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners and submits that in the rejection order, it

          has been acknowledged by the Sessions Judge that in para 4 of

          case diary, inquest report is mentioned in which cause of death

          appears to have occurred due to strangulation. In para 5 of the

          case diary, FSL report is mentioned in which type of crime is

          murder/suicide. Informant in her re-statement at para no.6 and

          other prosecution witnesses in para 7, 10, 11 of the case diary

          have supported the case of prosecution. In para 23 of the case

          diary, post-mortem report is mentioned in which cause of death

          is Asphyxia due to hanging.

                       6. In the present facts and circumstances and upon

          perusal of the case diary, this Court is not inclined to grant bail

          to the petitioners. Accordingly, the prayer for anticipatory bail of

          the petitioners are hereby rejected.

                       7. However, liberty is granted to the petitioners that if

          they surrenders before the concerned Trial Court within a period

          of six weeks from today then in that case, the Trial Court is

          directed to pass order on their surrender-cum-bail application on

          the same day, without being prejudice that the anticipatory bail
             Patna High Court CR. MISC. No.8384 of 2026(3) dt.01-04-2026
                                                         4/4




                       of the petitioners has been rejected by this Court and the Trial

                       Court shall pass order on the merit of this case.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T


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