Patna High Court
Anil Kumar @ Anil PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail is granted as no specific allegation is made against the petitioner and the main accusation is against the husband, subject to Section 482(2) conditions.
Summary
The petitioner, Anil Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 85, 80, 238 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to the alleged murder of a woman after a marital dispute. The prosecution alleged that the petitioner and his family threatened the informant's sister and that the informant's sister was subsequently killed, but the main accusation was directed at the husband, Nitish Kumar. The petitioner asserted his innocence, lack of criminal antecedent, and that no specific charge was levelled against him. The State opposed the anticipatory bail. The Court, noting the absence of a direct allegation against the petitioner and that the primary charge was against the husband, granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S., 2023. The bail order required a bond of Rs.10,000 with two sureties and compliance with the S.D.J.M.'s satisfaction.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not directly implicated and the main allegation is against another person.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are satisfied for granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 238, 3(5), 482(2), 80, 85
Subjects
- anticipatory bail
- section 482
- criminal procedure
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1547 of 2026
Arising Out of PS. Case No.-707 Year-2024 Thana- DHANARUA District- Patna
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Anil Kumar @ Anil Prasad S/o Arvind Kumar @ Bidha Prasad @ Bidha
Master Resident of - Maner, P.O - Sonmai, P.S - Dhanarua, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lallu Prasad
For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Sections 85, 80, 238, 3(5) of
B.N.S., 2023.
3. The prosecution story is that the informant stated
that his sister Ripu Kumari solemnized marriage with Nitish
Kumar by Hindu Traditions and customs. Two lakhs rupees
with jewellery and other items given at the wedding. Thereafter
the husband, Nitish Kumar demanded more money and a car.
When informant refused to give him then the petitioner and his
family members threaened to kill the sister of the informant. On
08.12.2024, informant received information from someone that
his sister had been killed and burned. His sister also has a six
Patna High Court CR. MISC. No.1547 of 2026(2) dt.28-01-2026
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month old child. After receiving the information of death of his
sister, informant called Nitish and his family member they were
closed. Then younger brother went to Nitish Kumar’s house
with police but no one was there and also her children not
known. Hence the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. He further submits that the petitioner has no
criminal antecedent, as statement made in para 3 of the bail
application and the main allegation is agaisnt the husband,
Nitish Kumar.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the fact that the main allegation is against the
husband, Nitish Kumar and that no specific allegation has been
levelled against the petitioner, I am inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.1547 of 2026(2) dt.28-01-2026
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satisfaction of the learned S.D.J.M., Masaurhi, Patna, in
connection with Dhanarua P.S. Case No. 707 of 2024, subject
to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
sanjeev/-
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