Patna High Court

Sanjeet KumarversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

In the absence of any material linking the petitioner to the alleged murder, anticipatory bail under Section 438 CrPC may be granted.

Summary

The petitioner, Sanjeet Kumar, sought anticipatory bail in a murder case (Section 302/34 IPC) where his name does not appear in the FIR but was mentioned during investigation. The prosecution alleged that the informant's son was killed by co‑accused Kalu/Amit Kumar and his associates. The court noted that no material evidence had been collected against the petitioner to show his complicity. Two similarly situated co‑accused had already been granted anticipatory bail. Considering the lack of incriminating material and the statutory provisions, the court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code.
Whether the petitioner’s alleged involvement, as inferred from investigation statements, suffices to deny bail.
Whether the conditions imposed under Section 482(2) of the B.N.S.S. are applicable.

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 302, 34

Subjects

anticipatory bail
murder
Section 302 IPC
Section 438 CrPC
bail conditions
Indian Penal Code
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85240 of 2023
                       Arising Out of PS. Case No.-468 Year-2022 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Sanjeet Kumar Son of Late Kameshwar Prasad R/o vill - Kairva, P.S. - Ghosi,
                 Distt. - Jehanabad

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Aryan Singh
                 For the State           :        Mr.Brajendra Nath Pandey
                 For the Informant       :        Mr.Dhananjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   16-01-2026                      Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offence under Section 302/34 of the Indian

                   Penal Code.

                                 3. The prosecution case, in brief, is that on

                   22.07.2022, son of informant got a call from co-accused Kalu

                   Kumar, who called him near river Falgu, Dariyapur. Thereafter,

                   son of informant went to meet him, but he did not return and

                   later, his dead-body was found with bruises. Informant believes

                   that due to previous enmity, co-accused Kalu Kumar @ Amit

                   Kumar has committed murder of his son along with his five

                   associates.
           Patna High Court CR. MISC. No.85240 of 2023(3) dt.16-01-2026
                                                       2/2




                                  4. Petitioner is not named in the F.I.R. Name of the

                     petitioner transpired during course of investigation in the

                     statement of informant and wife of deceased. However, no

                     material was collected against this petitioner to show his

                     complicity in the alleged occurrence. Similarly situated two co-

                     accused have already been granted anticipatory bail by this

                     Court, vide order dated 03.11.2025 passed in Cr.Misc. No.

                     44766 of 2025.

                                  5. Learned A.P.P. for the State and learned counsel for

                     the informant opposed the prayer for anticipatory bail.

                                  6. In the facts and circumstances of the case, in the

                     event of arrest/surrender before the Court concerned within a

                     period of eight weeks from today, let the above named petitioner

                     be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned Chief Judicial Magistrate, Jehanabad in

                     connection with Ghosi P.S. Case No. 468 of 2022, subject to

                     condition as laid down under Section 438(2) of the Cr.P.C. /

                     Section 482(2) of the B.N.S.S.



                                                     (Prabhat Kumar Singh, J)
anay

U      T

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