Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15175 of 2026 Arising Out of PS. Case No.-298 Year-2025 Thana- AMNAUR District- Saran ====================================================== 1.
Rahul Kumar S/O Birendra Rai R/O Village- Khaspattee, P.S.- Amnour, District- Saran 2.
Birendra Rai S/O Chintamani Rai R/O Village- Khaspattee, P.S.- Amnour, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Alka Panday, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP For the Informant :
Mr. Aashish Kumar, Advocate Mr. Adarsh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-05-2026 Heard learned Counsel for the petitioners, learned Counsel for the Informant and learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Amnour P.S. Case No. 298 of 2025, lodged on 03.10.2025, under Sections 80(1)/103(1)/3(5) of the BNS 2023.
3. As per the prosecution, allegation of burning to the deceased by pouring petrol is alleged in the FIR.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.15175 of 2026(3) dt.06-05-2026 2/3 petitioners are innocent and have committed no offence. Counsel submits that husband was in custody and he was released on bail by this Hon'ble Court vide order dated 01.05.2026 passed in Cr. Misc. No.13458 of 2026. Counsel submits that case-diary has been called for. He submits that in the case-diary, evidence of independent witness has come in which it has been informed that the fire took place due to leakage of gas and in saving the deceased the hand of the husband was badly burnt. Counsel submits that antecedent of the petitioners are clean, they are brother-in-law and father-inlaw.
5. Learned Counsel for the informant vehemently opposes the prayer for bail and submits that there is a specific allegation in the FIR that by pouring petrol daughter of the informant was burnt.
6. Learned APP for the State, on the other hand, opposes the prayer for bail of the petitioners but submits that from the case-diary it transpires that the death has been caused due to accident, in which husband of the deceased was also burnt but as per the information provided by the petitioner he has been granted regular bail by this Hon'ble Court.
7. In the present facts and circumstances of this case,
Patna High Court CR. MISC. No.15175 of 2026(3) dt.06-05-2026 3/3 let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Miss. Ratna Kumari, Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Amnour P.S. Case No.298 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
8. And further condition that the Trial Court shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the Trial Court shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
(Dr. Anshuman, J) Mkr./- U T