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Patna High Court

Ankush Kumar @ Ankush SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused for the petitioners.

Summary

The petitioners, a group of six individuals, sought anticipatory bail in a murder‑related case (PS Case No. 282 of 2025) where they were accused under Sections 103(1), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita for assaulting and killing the son of an informant. The prosecution alleged that the accused surrounded and assaulted the informant’s son on 10 July 2025, leading to his death, and relied on the testimony of Rajan Kumar, who claimed to be an eye‑witness. The petitioners contended that there was no direct eye‑witness, the case rested solely on incomplete circumstantial evidence, and they had clean antecedents. The State opposed bail, emphasizing the specific accusations in the FIR and the supporting statement of the alleged eye‑witness. After hearing both sides, the Court held that the seriousness of the allegations and the material on record warranted refusal of anticipatory bail. Consequently, the petitioners’ bail applications were dismissed.

Issues considered

  • What is the appropriate decision on the petitioners' application for anticipatory bail in light of the evidence and accusations under the Bharatiya Nyaya Sanhita?

Legislation cited

Subjects

  • anticipatory bail
  • circumstantial evidence
  • murder
  • assault
  • bail refusal
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.85899 of 2025
     Arising Out of PS. Case No.-282 Year-2025 Thana- KALYANPUR District- East Champaran
     ======================================================
1.    Rima Devi @ Ribha Devi W/O Satish Singh @ Satish Kumar Singh R/O
      Village- Bhagwatiya, P.S.-Kesariya, District- East Champaran
2.   Sabita Devi @ Suchchu Devi W/O Ajay Singh @ Ajay Kumar Singh R/O
     Vill.- Akhtiyarpur, P.S.- Baruraj, Dist.- Muzaffarpur
3.   Saloni Singh @ Sushma Kumari @ Saloni Kumari D/O Ajay Singh @ Ajay
     Kumar Singh R/O Vill.- Akhtiyarpur, P.S.- Baruraj, Dist.- Muzaffarpur

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

                                            ... ... Opposite Party/s
     ======================================================
                                            with
                 CRIMINAL MISCELLANEOUS No. 86568 of 2025
     Arising Out of PS. Case No.-282 Year-2025 Thana- KALYANPUR District- East Champaran
     ======================================================
1.    Ankush Kumar @ Ankush Singh S/O Satish Singh @ Satish Kumar Singh
      R/o Village- Bhawatiya, P.S.-Kesariya, District- East Champaran
2.   Jyotish Singh @ Jyotish Kumar Singh S/O Bramdev singh @ Brahmdev
     Singh R/o Village- Bhawatiya, P.S.-Kesariya, District- East Champaran
3.   Aman Kumar @ Aman Kumar Pyare @ Aman Kumar Singh @ Pyare S/O
     Ajay Singh @ Ajay Kumar Singh @ Abhay Singh R/O Vill.- Akhtiyarpur,
     P.S.- Baruraj, Dist.- Muzaffarpur
4.   Ajay Singh @ Ajay Kumar Singh @ Abhay Singh S/O Paras Singh R/O
     Vill.- Akhtiyarpur, P.S.- Baruraj, Dist.- Muzaffarpur

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

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     (In CRIMINAL MISCELLANEOUS No. 85899 of 2025)
     For the Petitioner/s     : Mr. Samir Kumar, Advocate
     For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
     (In CRIMINAL MISCELLANEOUS No. 86568 of 2025)
     For the Petitioner/s     : Mr. Samir Kumar, Advocate
     For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                           ORAL ORDER
         Patna High Court CR. MISC. No.85899 of 2025(3) dt.20-02-2026
                                                     2/3




3   20-02-2026                   Both the aforementioned cases are being disposed of

                   by a common order.

                                2. Heard learned counsel for the petitioners and the

                   State.

                                3. Petitioners apprehend arrest in Kalyanpur P. S.

                   Case No. 282 of 2025 registered for the offences punishable

                   under Sections 103(1), 238(a), 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                4. Prosecution case, in brief, is that on 10.07.2025 at

                   about 10:30 PM, son of the informant went with one Rajan

                   Kumar Singh to Bhagwatia and when they reached near the

                   house of Brahmadev Singh, all the F.I.R. named accused

                   persons, including these petitioners, surrounded and assaulted

                   them from where Rajan Kumar Singh managed to escape and

                   informed the informant about the incident. On the next morning,

                   dead body of the son of informant was recovered near Jhapla

                   Bhagwati Temple. Informant suspects that the accused persons

                   committed murder of her son.

                                5. Learned counsel for the petitioners submits that

                   informant is not an eye witness to the occurrence and petitioners

                   have falsely been implicated in this case only on suspicion. The

                   case is purely based on circumstantial evidence and the chain of
              Patna High Court CR. MISC. No.85899 of 2025(3) dt.20-02-2026
                                                          3/3




                        circumstances is incomplete and fails to establish the guilt of the

                        accused beyond doubt. Petitioners claim clean antecedent.

                                     6. However, learned A.P.P. for the State vehemently

                        opposed the bail application and submitted that petitioners are

                        named in the F.I.R. with specific accusation that these

                        petitioners along with other accused persons assaulted and killed

                        the deceased. During investigation, in paragraph no. 5 of the

                        case diary, Rajan Kumar, who claims to be eye witness of the

                        occurrence, has also supported the prosecution case and stated

                        that these petitioners are assailants of the deceased.

                                     7. Considering the nature of accusation and materials

                        available on record, prayer for anticipatory bail of the

                        petitioners is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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