Patna High Court
Hapunmay Hansda @ Hopanmay HansdaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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The anticipatory bail application was dismissed as withdrawn, with liberty granted to the petitioners to surrender and seek regular bail.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 Consequently, the anticipatory bail application was dismissed as withdrawn.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
- Bihar Negotiable Instruments Act — s. 103(1), 137(2), 238(A), 3(5), 61
- Criminal Procedure Code — s. 82, 83
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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