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Patna High Court

Vijay Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

Vijay Kumar Singh sought anticipatory bail after the police registered a case (Saharsa Sadar PS Case No. 749 of 2023) alleging his involvement in murder, conspiracy and destruction of evidence under IPC sections 302, 201 and 120B. The informant alleged that the deceased’s illicit relationship with a woman named Doli Kumari led to a conspiracy that resulted in the son’s death, but the petitioner argued he was merely a landlord and not a family member, and that the death was a suicide, not a homicide. The police’s final report described the case as a ‘Mistake of Fact’, yet the lower court took cognizance and denied bail. The petitioner’s counsel contended that there was no eyewitness evidence and that the petitioner has a clean antecedent. The High Court, after considering the circumstances, granted anticipatory bail on the condition that the petitioner surrenders within eight weeks and furnishes a bail bond of Rs. 10,000 with two sureties, subject to the provisions of Section 438(2) CrPC and Section 482(2) B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the allegations under IPC sections 302, 201 and 120B.
  • Whether the circumstances, including the police’s ‘Mistake of Fact’ finding and lack of eyewitness testimony, justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Indian Penal Code
  • murder
  • conspiracy
  • suicide
  • bail conditions
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9623 of 2026
                  Arising Out of PS. Case No.-749 Year-2023 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Vijay Kumar Singh S/o Late Niranjan Prasad Singh @ Bhola Singh Resident
                 of - Gangiala, Ward No.-32, P.O- Saharsa, P.S.- Saharsa Sadar, District-
                 Saharsa                                                   ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandan Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 302, 201, 120B of the

                   Indian Penal Code.

                                3. Informant suspects that this petitioner along with

                   other co-accused persons committed murder of his son.

                   Informant believes that due to illicit relationship of his son

                   (deceased) with accused, Doli Kumari, all the accused persons

                   conspired and killed his son

                                  4. Learned counsel for the petitioner submits that

                   petitioner is not a family member of the deceased and have

                   committed no offence. Petitioner is the landlord of the brother-

                   in-law and sister-in-law of the deceased, where the deceased

                   used to frequently visit. Informant is not eye-witness to the

                   alleged occurrence and has raised only suspicion against
           Patna High Court CR. MISC. No.9623 of 2026(2) dt.11-02-2026
                                                       2/2




                     accused persons on the ground of illicit relationship between his

                     son and accused, Doli Kumari. But as a matter of fact, son of the

                     informant committed suicide by hanging, for which, U.D. Case

                     No. 6 of 2023 was registered on 07.07.2023 and after lapse of

                     one month, the present case has been lodged, in which, after

                     investigation, police submitted final form, as ‘Mistake of Fact’,

                     however, differing with the same, learned Court below has taken

                     cognizance. Petitioner claims clean antecedent.

                                  5. Learned A.P.P. for the State and learned counsel for

                     the informant opposed the prayer for anticipatory bail.

                                  6. However, considering the aforesaid facts and

                     circumstances, let the above named petitioner, in the event of his

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned Judicial Magistrate 1st Class, Saharsa in

                     connection with Saharsa Sadar P.S. Case No. 749 of 2023,

                     subject to condition as laid down under Section 438(2) of the

                     Cr.P.C. / Section 482(2) of the B.N.S.S.



                                           (Prabhat Kumar Singh, J)
Jyoti Kumari/-
U       T


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