Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court allowed the anticipatory bail application, directing the petitioners to surrender and be released on bail with conditions.
Summary
The petitioners, who are in‑laws of the deceased Indu Devi, filed an anticipatory bail application fearing arrest in a murder case (Bihta P.S. Case No. 117 of 2025) under Sections 108 and 3(5) of the BNS. The prosecution alleged that Indu Devi was found dead after allegedly being assaulted and that she had consumed poison, implicating the petitioners. The petitioners contended that the deceased voluntarily ingested poison, there was no foul play, and they have no criminal antecedent, while the State opposed bail. After hearing both sides, the Court considered the circumstances and the lack of direct evidence against the petitioners. The Court ordered that the petitioners surrender within four weeks and, upon doing so, be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the murder case
- Whether the petitioners have sufficient grounds to claim they are not culpable in the death of Indu Devi
Legislation cited
Subjects
- anticipatory bail
- murder
- poisoning
- Section 108
- Section 3(5)
- Section 482(2)
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18712 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- BIHTA District- Patna
======================================================
1. Manish Kumar S/o Late Jagat Bhagat @ Ajay Bhagat R/o Village - Parev,
P.S - Bihta, District - Patna
2. Putush Kumar S/o Late Jagat Bhagat @ Ajay Bhagat R/o Village - Parev, P.S
- Bihta, District - Patna
3. Sudha Devi @ Sudha Kumari W/o Manish Kumar R/o Village - Parev, P.S -
Bihta, District - Patna
4. Piyari Devi @ Mahapati Devi W/o Late Jagat Bhagat @ Ajay Bhagat R/o
Village - Parev, P.S - Malsalami, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mickey Singh, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Bihta P.S. Case No. 117 of 2025 instituted for
the offence under Sections 108 & 3(5) of the BNS.
3. The case of the prosecution, in short, is that the
daughter of the informant, namely, Indu Devi was married to
one Jairam Bhagat 15 years ago. On 20.02.2025, the informant
received information that Indu Devi has died. After that, the
family members of the deceased went to the matrimonial house
Patna High Court CR. MISC. No.18712 of 2026(2) dt.18-03-2026
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and they found the deceased lying dead and the in-laws have
fled away from the place of occurrence. In FIR, it is clear that as
she was subjected and was being assaulted, she herself has
consumed poison.
4. Learned counsel for the petitioners has submitted
that the petitioners are in-laws and during course of
investigation, the two kids of the deceased aged about 14 and 12
years have given their statements and have stated that there has
been some dispute between the deceased and her husband and as
the husband went to sell flower at Patna, the deceased consumed
poison. Learned counsel for the petitioners has further submitted
that the deceased has herself consumed poison and she was not
administered poison. Learned counsel for the petitioners has
further submitted that the petitioner are having no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the bail of the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
Patna High Court CR. MISC. No.18712 of 2026(2) dt.18-03-2026
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or surrender in connection with Bihta P.S. Case No. 117 of
2025, they will be enlarged on bail on furnishing bail bond of
Rs. 10,000/- (Rupees ten thousand) each of them with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M.-II, Danapur, subject to the conditions as laid down
under Section 482(2) of the BNSS.
7. Accordingly, the present bail application stands
allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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