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Patna High Court

Amresh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted as prima facie material indicated the petitioner's involvement in the alleged murder.

Summary

Amresh Kumar was arrested in connection with the murder of his wife under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail after being in custody since 1 September 2025, claiming innocence. The State opposed the bail, arguing that serious and grave allegations existed and that prima facie material linked the petitioner to the offence. The court examined the allegations and the presence of prima facie evidence. Concluding that the seriousness of the charge warranted continued detention, the court rejected the bail application, noting that its observations were limited to the bail matter and would not affect the trial.

Issues considered

  • Whether regular bail can be granted to the petitioner under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the seriousness of the allegations and the existence of prima facie evidence.

Legislation cited

Subjects

  • murder
  • regular bail
  • prima facie evidence
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91263 of 2025
                     Arising Out of PS. Case No.-139 Year-2025 Thana- MATIHANI District- Begusarai
                 ======================================================
                 Amresh Kumar S/o Mahendra Sah R/o Village - Jilla Puranwas, P.S -
                 Matihani, District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Tiwari
                 For the Opposite Party/s :       Mr. Ganesh Pratap Singh, APP
                                                  Ms. Pushpa Sinha, APP
                                                  Mr. Vijay Kumar Vimal, Advocate
                                                  Ms. Priya Kumari, Advocate
                                                  Mr. Bhaskar Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   30-03-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   informant.

                                2. The petitioner seeks regular bail in connection with

                   Matihani P.S. Case No. 139 of 2025 registered for the offence

                   under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioner, who is

                   the husband of the deceased, is alleged to have murdered his

                   wife.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.
            Patna High Court CR. MISC. No.91263 of 2025(5) dt.30-03-2026
                                                        2/2




                      Petitioner is in custody since 01.09.2025.

                                   5. Per contra, learned counsel for the State and the

                      learned counsel for the informant vehemently oppose the bail

                      application and submit that the allegations against the petitioner

                      are serious and grave in nature. It is contended that there exists

                      prima facie material against the petitioner indicating his

                      involvement in the commission of the offence.

                                   6. Considering the aforesaid facts and circumstances,

                      and the direct allegation against the petitioner, this Court is not

                      inclined to grant regular bail to the petitioner.

                                   7. Accordingly, this application for regular bail stands

                      rejected.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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