Patna High Court
Ankush Kumar @ Ankush SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 103(1), 238(a), 3(5)
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
Checking your session…