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Patna High Court

Munni DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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to conditions under Section 438(2) CrPC and Section 482 B.N.S., while dismissing petitioner No.1's application as withdrawn.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 The mother‑in‑law, petitioner No.1, withdrew her application, which the court dismissed as withdrawn and directed her to surrender within two weeks and seek regular bail.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  • Whether the application of petitioner No.1 can be withdrawn and dismissed.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

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
                                            2/3




                          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
                                                          3/3




                        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/-

U       T


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