Patna High Court
Asha DeviversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petitioners' application for anticipatory bail subject to bond and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, who are relatives of a deceased person, feared arrest in a murder case (Ekma P.S. Case No. 222 of 2025) filed under Sections 103(1), 238 and 3(5) of the B.N.S. They claimed innocence, stating that the main accused, Sudama Patel, is already in judicial custody, the FIR was lodged three days after the incident, and they have no prior criminal record. The State opposed their request for anticipatory bail. The Court examined the circumstances, including the delay in filing the FIR and the petitioners' clean record, and decided to grant anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The order was pronounced by Justice Praveen Kumar.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the murder allegations
- Whether the delay in lodging the FIR and the absence of prior criminal antecedents justify the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 103(1), 238, 3(5), 482(2)
Subjects
- anticipatory bail
- murder
- Section 482
- bail bond
- delay in FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18113 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- EKMA District- Saran
======================================================
1. Asha Devi W/O Kamlesh Patel Resident of Village- Parsagardh Pasi Tola,
P.S.- Ekma, District- Saran.
2. Dewanti Devi Wife of Dhrup Patel. Resident of Village- Parsagardh Pasi
Tola, P.S.- Ekma, District- Saran.
3. Akash Patel S/o Dhrup Patel. Resident of Village- Parsagardh Pasi Tola,
P.S.- Ekma, District- Saran.
4. Gopi Patel S/o Vinod Patel. Resident of Village- Parsagardh Pasi Tola, P.S.-
Ekma, District- Saran.
5. Ranglal Singh @ Anil Singh Son of Late Ram Dayan Singh. Resident of
Village- Parsagardh Pasi Tola, P.S.- Ekma, District- Saran.
... ... Petitioner/s
Versus
The state of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari, Adv
For the Opposite Party/s : Ms.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case in connection with Ekma P.S. Case No 222 of 2025 dated
09.06.2026 registered for the offences punishable under
Sections 103(1), 238, 3(5) of the B.N.S.
3. As per the prosecution case, the petitioners,
happens to be the in-laws of the deceased and are alleged to
have committed the murder of the deceased.
4. Learned counsel for the petitioners have submitted
Patna High Court CR. MISC. No.18113 of 2026(3) dt.29-04-2026
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that the petitioners are innocent and have falsely been
implicated in this case. It has further submitted that the main
accused, Sudama Patel is in judicial custody and that there are
general and omnibus allegations against the petitioners. Co-
accused Sudama Patel has got not concern about day-to-day
affairs, and there is a delay of three days in lodging the FIR, and
the petitioners have got no criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned, Ekma P.S. Case No 222 of 2025, subject to
conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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