Patna High Court
Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 80(2)
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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