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2026 DAILYLAW 12438 (PAT)

Anil Kumar v. The State of Bihar

CR. MISC./4713/2026 · 2026-03-31

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4713 of 2026 Arising Out of PS. Case No.-8 Year-2025 Thana- Parasi District- Arwal ====================================================== Anil Kumar S/o Kusal Saw R/o Village- Laxmanpur Bathe, P.S.- Parasi, District- Arwal (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamlesh Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 31-03-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103(1) and 3(5) of BNS. 3. The case of the prosecution is that the husband of the informant has gone with the petitioner but he did not return. The informant suspects that the petitioner due to previous enmity has killed the husband of the informant. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the FIR, it is clear that there was previous enmity between the parties and previously also, a case was filed by the mother-in- Patna High Court CR. MISC. No.4713 of 2026(3) dt.31-03-2026 2/3 laws of the informant. Learned counsel has submitted that if there was any previous enmity then it is not possible that the deceased will follow the petitioner and will go with him. It has further been submitted that during course of investigation, police has examined witnesses who have stated that they have not seen the occurrence. At most, it can be a case of last scene. He has further submitted that from perusal of the postmoretem report, it is clear that the doctor conducting the autopsy of the deceased has not found any ante-mortem injury and has opined that the death is due to asphyxia due to drowning leading to cardio respiratory arrest. He has also submitted that it is a case of drowning and the deceased himself has drown during taking bath. There is no any material to connect the petitioner with the offence. Police has filed final form against other accused persons. Moreover, the petitioner is languishing in judicial custody since 25.06.2025. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patna High Court CR. MISC. No.4713 of 2026(3) dt.31-03-2026 3/3 Parasi P.S. Case No. 08 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge-I, Arwal. shubham/- (Ashok Kumar Pandey, J) U T