Patna High Court – Orders
Kaushal Kumar vs The State Of Bihar on 17 April, 2026
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17608 of 2026
Arising Out of PS. Case No.-271 Year-2024 Thana- DUMRA District- Sitamarhi
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Kaushal Kumar S/o- Birendra Rai Resident Of Village- Rusulpur Tole
Mirchaiya, Ps- Dumra, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026
Heard Mr.Sanjay Kumar, learned counsel appearing
for the petitioner and Mr.Rajendra Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Dumra P.S. Case No. 271 of 2024, F.I.R. dated
19.06.2024 for the offences punishable under Sections 109, 110,
114, 115, 182, 194, 195, 201, 202, 203, 111, 120B and 34 of the
Indian Penal Code.
3. According to prosecution case, all the accused
persons including the petitioner have participated in the
cremation of Abhilasha Kumari (deceased) who was murdered
by Raj Kumar Rai and they have concealed the facts about the
aforesaid murder from the police.
4. Learned counsel appearing for the petitioner
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submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. As per
allegation in the FIR, the petitioner and other co-accused
persons have concealed the facts in connection with Dumra
P.S.Case No.372/2023 due to which the dead body of the
deceased in connection with Dumra P.S.Case No.372/2023 was
not recovered by the police and the petitioner and other co-
accused persons have narrated the wrong story about Dumra
P.S.Case No.372/2023 before the police. Learned counsel for the
petitioner submits that for the same set of allegation, co-
accused persons, namely, Puran Rai & Anr. have been granted
privilege of anticipatory bail by this Court vide order dated
20.05.2025 passed in Cr. Misc. No.26317 of 2025 and co-
accused persons, namely, Ram Padarath Kumar and others have
also been granted privilege of anticipatory bail by this Court
vide order dated 10.07.2025 passed in Cr. Misc. No.35037 of
2025 respectively and other co-accused persons have also been
granted privilege of anticipatory bail by different Coordinate
Benches of this Hon’ble Court and the case of the petitioner is
on similar footing.
5. Learned A.P.P. for the State has vehemently
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opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and similarly situated co-accused persons, have been
granted privilege of anticipatory bail by this Court of different
Coordinate Benches of this Hon’ble Court, let the petitioner,
above named, in the event of his arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, 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 Chief Judicial
Magistrate, Sitamarhi in connection with Dumra P.S. Case No.
271 of 2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure/Section
482(2) of BNSS,2023 and with other following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
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(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Nitesh/-
U T