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Patna High Court

Sanjay Singh @ Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Petitioners Sanjay Singh and Rupesh Singh sought anticipatory bail after learning that they might be arrested in a murder case involving the death of an informant's husband. The prosecution alleged offences under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, but the petitioners were not named in the FIR; their names appeared only in the confessional statements of co‑accused Sunil and Manoj. The injured witness Guddu Singh was examined and did not identify the petitioners as assailants, and the petitioners asserted a clean antecedent. The State and the informant opposed bail, arguing the seriousness of the accusations. The court, after considering the lack of direct evidence, the petitioners’ clean record, and the nature of the allegations, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and a requirement to surrender within eight weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious nature of the charges under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the evidence linking the petitioners to the alleged murder is sufficient to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Section 482(2)
  • clean antecedent
  • FIR
  • co‑accused statements

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85604 of 2025
                   Arising Out of PS. Case No.-419 Year-2025 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
           1.     Sanjay Singh @ Sanjay Kumar Son of Kaushal Kishor Singh Resident of
                  village Jaitpur, P.O.- Jaitpur, P.S.- Lalganj, District - Vaishali
           2.    Rupesh Singh @ Rupesh Kumar Son of Sudhir Singh Resident of village
                 Jaitpur, P.O.- Jaitpur, P.S.- Lalganj, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Vaishnavi Singh, Advocate
                 For the Opposite Party/s :     Mr. Ram Sumiran Rai, A.P.P.
                 For the Informant        :     Mr. Abhay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-02-2026                     Heard learned counsel for the petitioners, informant

                   and the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 103(1), 61(2) of the

                   Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                3. As per prosecution case, some unknown miscreants

                   committed murder of the husband of informant.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence.

                   Petitioners are not named in the F.I.R. and their names surfaced

                   during course of investigation in confessional statement of co-

                   accused Sunil and Manoj. During course of investigation,
              Patna High Court CR. MISC. No.85604 of 2025(3) dt.09-02-2026
                                                          2/2




                        injured Guddu Singh was also examined by the police but he

                        also did not name these petitioners as the assailants. Petitioners

                        claim clean antecedent.

                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering the nature of accusation and other facts

                        and circumstances of the case, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioners in the event

                        of their arrest/surrender before the court below within a period

                        of eight weeks from today, be enlarged on bail on furnishing

                        bail-bond of Rs. 10,000/- (ten thousand) each with two sureties

                        of the like amount each to the satisfaction of Additional

                        Sessions Judge V, Muzaffarpur in connection with Muzaffarpur

                        Sadar P. S. Case No. 419 of 2025, subject to condition as laid

                        down under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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