Anil Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Anil Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-XI, Vaishali at Hajipur in Sessions Trial No. 242/2023, subject to conditions of cooperation in the trial and appearance on each date fixed, failing which (absence on two consecutive dates unless prevented by extremely adverse circumstances) the court below may cancel the bail bond.

Issue for consideration

Whether the petitioner should be released on regular bail for the offences under Sections 304(B)/34 IPC arising out of Bhagwanpur P.S. Case No. 89 of 2022 (Sessions Trial No. 242/2023). +1 more

Court's answer

Bail application allowed: the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional District Judge-XI, Vaishali at Hajipur, in Sessions Trial No. 242/2023 arising out of Bhagwanpur P.S. Case No. 89 of 2022.

Ratio / Principle

Bail is subject to conditions that the petitioner shall cooperate in the disposal of the trial and make himself available on each and every date fixed at the trial; if he fails to appear on two consecutive dates, unless prevented by extremely adverse circumstances, the court below shall be at liberty to cancel his bail bond.

Detailed headnote1 paragraphs

Regular bail - Sections 304(B)/34 IPC - Bhagwanpur P.S. Case No. 89 of 2022, District Vaishali - earlier bail application dismissed as withdrawn on 07.07.2023 in Cr.Misc. No. 1250 of 2023 with liberty to renew if trial not concluded within one year - trial (Sessions Trial No. 242/2023 before Additional District Judge-XI, Vaishali at Hajipur) still pending after two years, only two of six charge-sheeted witnesses examined - bail granted on bond of Rs. 10,000/- with two like sureties - conditions: cooperation in trial and appearance on every date; absence on two consecutive dates entitles the court below to cancel the bail bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59120 of 2025

Arising Out of PS. Case No.-89 Year-2022 Thana- BHAGWANPUR District- Vaishali

======================================================

Anil Kumar S/o - Shivji Mahto Resident of Village - Prataaptaand West, P.S. - Bhagwanpur, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vasant Vikas For the Opposite Party/s : Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 17-10-2025 Heard the learned counsel for the parties.

This is an application for regular bail on behalf

of the petitioner for the offences alleged under Sections 304(B)/34 of the Indian Penal Code, registered in connection with Bhagwanpur P.S.Case No. 89 of 2022.

The learned counsel for the petitioner has submitted that earlier the bail application of the petitioner stood dismissed as withdrawn on 07.07.2023 in Cr.Misc.No. 1250 of 2023, observing therein by a coordinate Bench that if the trial is not concluded within one year, the petitioner will be at liberty to renew his prayer for bail. It is submitted that even after lapse of two years of the order, the trial is still pending, and only two witnesses out of six charge-sheeted witnesses, have been

Patna High Court CR. MISC. No.59120 of 2025(4) dt.17-10-2025 2/2

examined.

On the other hand, Mr. J.N.Thakur, the learned APP for the State has opposed the prayer for bail.

Considering the above facts and circumstances of the case, let the petitioner, above-named, be released 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 Additional District Judge-XI, Vaishali at Hajipur in Sessions Trial No. 242/2023, arising out of Bhagwanpur P.S.Case No. 89 of 2022, subject to the conditions that the petitioner shall cooperate in the disposal of trial and make himself available on each and every date fixed at the trial, and if he fails to appear on two consecutive dates, unless he is prevented by extremely adverse circumstances, the court below shall be at liberty to cancel his bail bond.

(Nawneet Kumar Pandey, J)

HR/-

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