Patna High Court

Abhiram Kumar @ Abhiram Singh @ Chhotu SinghversusThe State of Bihar

Decided: 17 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Abhiram Kumar, feared arrest in a murder case registered under Sections 103 and 3(5) of the B.N.S., where the victim was the husband of an informant. The prosecution alleged that the petitioner, along with others, committed the murder, but there were no eyewitnesses and the only suspicion stemmed from a prior dispute. During investigation, another accused, Sone Lal Sah, confessed to the crime and did not implicate the petitioner, and no material linked the petitioner to the offence. The petitioner asserted his innocence and clean antecedents, seeking anticipatory bail. The court, noting the lack of substantive evidence, the general nature of the accusation, and the petitioner’s clean record, granted anticipatory bail subject to a bail bond and sureties, with conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the absence of direct evidence and with a confession by another accused.

Legislation cited

B.N.S. — s. 103, 3(5)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
murder
lack of evidence
clean antecedents
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.89942 of 2025

                    Arising Out of PS. Case No.-195 Year-2024 Thana- PATAHI District- East Champaran
                 ======================================================
                 Abhiram Kumar @ Abhiram Singh @ Chhotu Singh S/O Late Dinesh Singh
                 @ Late Vinesh Singh Resident of village- Jihuli, P.S.- Patahi, Dist.- East
                 Champaran, Motihari.

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Sharda Nand Mishra, Advocate
                                                   Mr. Dhandev Kumar, Advocate
                                                   Ms. Isha Mishra, Advocate
                 For the State            :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   17-03-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 103 and

                   3(5) of the B.N.S..

                                  3. As per prosecution case, it is alleged that this

                   petitioner, along with other accused persons, committed murder

                   of husband of the informant.

                                  4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. From bare perusal of the F.I.R. it is
Patna High Court CR. MISC. No.89942 of 2025(3) dt.17-03-2026
                                            2/3




          apparent that there is no eye witness to the occurrence and only

          suspicion has been raised against this petitioner only on the

          ground of prior dispute. It is further submitted that during

          investigation, one Sone Lal Sah was apprehended and he, in his

          confessional statement, confessed that he committed the alleged

          offence and he has not named this petitioner. During

          investigation, no material has come to suggest the complicity of

          this petitioner in the alleged offence. Petitioner claims clean

          antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, materials that

          have surfaced during investigation and clean antecedents of the

          petitioner, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender 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 J.M.F.C., East Champaran,

          Motihari in connection with Patahi P.S. Case No. 195 of 2024,
             Patna High Court CR. MISC. No.89942 of 2025(3) dt.17-03-2026
                                                         3/3




                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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