Patna High Court
Munni DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court allowed anticipatory bail to the petitioners (except petitioner No.1) subject to conditions under Section 438(2) CrPC and Section 482 B.N.S., while dismissing petitioner No.1's application as withdrawn.
Summary
The petitioners, who are family members of a deceased, were accused of murdering the deceased under Sections 80(2)/3(5) of the B.N.S. They filed an anticipatory bail application. The mother‑in‑law, petitioner No.1, withdrew her application, which the court dismissed as withdrawn and directed her to surrender within two weeks and seek regular bail. The remaining petitioners claimed innocence and clean antecedents, while the State opposed anticipatory bail. The court noted general and omnibus allegations against the petitioners (except petitioner No.1) and partially allowed the application, granting conditional anticipatory bail to them upon surrender or arrest, subject to a bail bond of Rs.10,000 with two sureties and the conditions of Section 438(2) CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of murder under general and omnibus allegations.
- Whether the application of petitioner No.1 can be withdrawn and dismissed.
- Whether the conditions prescribed under Section 438(2) of the CrPC and Section 482 of the B.N.S. are applicable to grant bail.
Legislation cited
- B.N.S. — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- bail
- Criminal Procedure Code
- B.N.S.
- withdrawal of application
- general and omnibus allegations
- murder accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23846 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- Bariyarpur District- Muzaffarpur
======================================================
1. Munni Devi W/o Manoj Rai R/o Village - Paitarapur, P.S - Bariyarpur,
District - Muzaffarpur
2. Sonu Rai @ Sonu Kumar S/o Manoj Rai R/o Village - Paitarapur, P.S -
Bariyarpur, District - Muzaffarpur
3. Pankaj Rai @ Pankaj Kumar S/o Manoj Rai R/o Village - Paitarapur, P.S -
Bariyarpur, District - Muzaffarpur
4. Neelam Devi @ Neelam Kumari W/o Pankaj Rai R/o Village - Paitarapur,
P.S - Bariyarpur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Ranjan, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. After some arguments, learned counsel for the
petitioners seeks permission to withdraw application on behalf
of petitioner no. 1 only.
3. Permission is accorded.
4. This application stands dismissed as withdrawn
with respect to petitioner no. 1 who is the mother-in-law of the
deceased and she is directed to surrender within two weeks
from today and pray for regular bail.
Patna High Court CR. MISC. No.23846 of 2026(2) dt.01-05-2026
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5. So far as other petitioners are concerned, they
apprehend their arrest in connection with Bariyarpur P.S. Case
No. 119 of 2025 registered for the offence under Sections 80(2)/
3(5) of the B.N.S.
6. As per the prosecution case, petitioners are the
family members of the deceased and they are alleged to have
killed the deceased.
7. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
there is general and omnibus allegations against them.
Petitioners claim clean antecedent.
8. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
9. Considering that there is general and omnibus
allegations against all the petitioners except petitioner no. 1, this
application is partly allowed.
10. Let the petitioners, above named except
petitioner no. 1, in the event of their arrest or surrender before
the concerned Court below within four weeks from today, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.23846 of 2026(2) dt.01-05-2026
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satisfaction of the learned C.J.M.VIII, East, Muzaffarpur/
concerned Court below in connection with Bariyarpur P.S. Case
No. 119 of 2025, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
(Sandeep Kumar, J)
tusharika/-
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