Baiju Kumar @ Baiju Kumar Das @ Baiju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2462 of 2026 Arising Out of PS. Case No.-408 Year-2025 Thana- BATHNAHA District- Sitamarhi ====================================================== Baiju Kumar @ Baiju Kumar Das @ Baiju Kumar Son of Ganaur Das Resident of Village - Bathnaha Tole Lakshmipur, P.S. - Bathnaha, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-03-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 137(2) of the B.N.S..

3. The case of the prosecution, in brief, is that son of the informant, who was a tempo driver, went missing in the evening of 20.08.2025. When a call was made on his mobile phone, his mobile was found switched off.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R. as F.I.R. was lodged against unknown. During investigation, co-

Patna High Court CR. MISC. No.2462 of 2026(3) dt.30-03-2026 2/3 accused Harikesh Kumar, Krishna and Naveen were arrested and they made their confessional statement and named this petitioner. It is further submitted that as per confessional statement of co-accused persons, all the accused persons, including this petitioner, killed the deceased by electrocution. However, the doctor who conducted the post mortem examination of the deceased has opined that the cause of death was due to hemorrhage and shock as a result of head injury. Post mortem depicts one ante mortem injury i.e. fracture of the frontal bone. Thus, post mortem report belies the so called confessional statement of co-accused persons on the basis of which this petitioner was made accused in this case. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, materials that have surfaced during investigation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within

Patna High Court CR. MISC. No.2462 of 2026(3) dt.30-03-2026 3/3 a period of eight weeks from today, let the above named petitioner be enlarged 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 Judicial Magistrate 1st Class, Sitamarhi in connection with Bathnaha P.S. Case No. 408 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T