Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court grants anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) of the Cr.P.C.
Summary
The petitioners, Sunita Devi, Mithu Kumar, Nirala Kumar and Pankaj Kumar, feared arrest in a case (Minapur PS Case No. 243 of 2023) involving multiple offences under the Indian Penal Code. They argued that they have clean antecedents, are not named in the FIR, and that anticipatory bail had already been granted to Sanjay Ray and Birendra Ray in a related matter. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions and the earlier order dated 23.07.2024, directed that the petitioners be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to the conditions of Section 438(2) of the Cr.P.C. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 302, 307, 323, 325, 34, 341, 379, 384, 504, 506
Subjects
- anticipatory bail
- Criminal Procedure Code
- Indian Penal Code
- bail bond
- high court
- clean antecedent
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10359 of 2026
Arising Out of PS. Case No.-243 Year-2023 Thana- MINAPUR District- Muzaffarpur
======================================================
1. Sunita Devi W/o Sanjay Ray R/o vill - Repura, P.O. and P.s- Minapur (O.P),
Panapur, Distt.- Muzaffarpur
2. Mithu Kumar S/o Birendra Ray R/o vill - Repura, P.O. and P.s- Minapur
(O.P), Panapur, Distt.- Muzaffarpur
3. Nirala Kumar S/o Birendra Ray R/o vill - Repura, P.O. and P.s- Minapur
(O.P), Panapur, Distt.- Muzaffarpur
4. Pankaj Kumar S/o Sanjay Ray R/o vill - Repura, P.O. and P.s- Minapur
(O.P), Panapur, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-06-2026 1. Heard learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 341, 323,
506, 384, 504, 307, 325, 379, 302 and 34 of the Indian Penal
Code.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.1
is a woman. It is next submitted that Sanjay Ray and Birendra
Ray had approached this court seeking anticipatory bail by
filing Cr. Misc. No.64619 of 2023 and the same came to
allowed by an order dated 23.07.2024. It is further submitted
Patna High Court CR. MISC. No.10359 of 2026(2) dt.19-06-2026
2/2
that while granting the privilege of anticipatory bail to Sanjay
Ray and Birendra Ray, the court had considered the case in
detail and on merits. It is further submitted that petitioners are
not named in the FIR and their name transpired during the
course of investigation, as such the case of the petitioners is on a
better footing than Sanjay Ray and Birendra Ray.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners and taking into consideration the
order dated 23.07.2024 in Cr. Misc. No.64619 of 2023, the
petitioners above-named, in the event of their arrest or surrender
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Minapur
P.S. Case No. 243 of 2023, subject to the conditions as laid
down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
amit/-
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