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Patna High Court

Hapunmay Hansda @ Hopanmay HansdaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application was dismissed as withdrawn, with liberty granted to the petitioners to surrender and seek regular bail.

Summary

The petitioners, Hapunmay Hansda and Shivlal Marandi, feared arrest in a case originally filed under Section 137(2) of the BNS, later amended to include Sections 103(1), 238(A), 61 and 3(5) of the BNS. They claimed the woman petitioner was falsely implicated based on suspicion and that the alleged crime stemmed from a dispute over the deceased's inappropriate conduct, not any specific allegation against them. The State opposed their anticipatory bail, stating that procedural steps under Sections 82 and 83 of the Criminal Procedure Code had been completed. The court allowed the petitioners to withdraw their anticipatory bail application and granted them liberty to surrender and apply for regular bail. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances alleged
  • Whether the petitioners can withdraw their anticipatory bail application and seek regular bail

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • false implication
  • CrPC Sections 82 and 83
  • Bihar Negotiable Instruments Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18751 of 2026
                      Arising Out of PS. Case No.-101 Year-2025 Thana- Champanagar District- Purnia
                 ======================================================
           1.     Hapunmay Hansda @ Hopanmay Hansda W/O Manjhla Marandi Resident
                  of Vill.- Masuria, Mangal Tola, Ward no. 11, P.S.- Sarsi, Dist.- Purnea.
           2.     Shivlal Marandi S/O Late Diwan Marandi Resident of Vill.- Masuria,
                  Mangal Tola, Ward no. 11, P.S.- Sarsi, Dist.- Purnea.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kamlesh Kr. Pathak, Adv.
                                                   Mr. Sumit Kumar Bhagat, Adv.
                                                   Ms. Suman Kumari, Adv.
                 For the Opposite Party/s :        Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   24-06-2026                   1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 137(2) of

                   the BNS and later on Sections 103(1), 238(A), 61 and 3(5) of

                   the BNS were added.

                                 3. Learned counsel for the petitioners submits that

                   petitioner no.1, being woman, has been falsely implicated in the

                   instant case based on suspicion. It is also submitted that from

                   perusal of the order impugned, it would manifest that the same

                   records that accused persons were arrested who in their

                   confessional statement disclosed that deceased had consumed

                   liquor and thereafter tried to act inappropriately with the
            Patna High Court CR. MISC. No.18751 of 2026(4) dt.24-06-2026
                                                        2/2




                      petitioner no. 1 who is wife of Manjhla Marandi, as such,

                      Manjhla       Marandi       and     Bajum       Soren    together      started

                      strangulating the deceased, it is thus submitted that as far as

                      petitioners are concerned, no specific allegation is alleged

                      against them, rather the occurrence is alleged to have taken

                      place for the reason that deceased acted inappropriately with the

                      petitioner no. 1 which angered her husband and Bajum Soren.

                                   4. Learned       A.P.P.    for     the   State   opposes     the

                      anticipatory bail application of the petitioners and submits that

                      process under Sections 82 and 83 Cr.P.C. have been executed,

                      on which the learned counsel appearing on behalf of the

                      petitioners seeks permission to withdraw the anticipatory bail

                      application with liberty to the petitioners to surrender and seek

                      regular bail.

                                   5. Permission is accorded.

                                   6. Accordingly,         the    instant     anticipatory     bail

                      application is dismissed as withdrawn with the liberty

                      aforesaid.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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