Created by Fuzzy Cloud

Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.