Patna High Court
Sanjay Singh @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
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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