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Patna High Court

Bindeshwari @ Binod Tanti@ Binod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to a bail bond of Rs 10,000 with two sureties each and compliance with Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioners, Bindeshwari and Nunu Tanti, sought anticipatory bail fearing arrest in a murder case (Sections 103(1) and 61(2) of the B.N.S.) concerning the death of an informant's sister. They argued they were brother‑in‑law and husband of the deceased, with the husband already in custody, and highlighted that the alleged cause of death (electrocution or hanging) was not supported by the post‑mortem report. The State opposed the bail. The Court, considering the circumstances and the fact that a co‑accused mother‑in‑law had already been granted bail, ordered that the petitioners be released on bail if arrested, upon furnishing a Rs 10,000 bond with two sureties each, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order was made with a four‑week surrender period.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in the murder case.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25003 of 2026
                  Arising Out of PS. Case No.-1011 Year-2025 Thana- MADHEPURA District- Madhepura

                 ======================================================
           1.     Bindeshwari @ Binod Tanti@ Binod Kumar Son of Prithwi Tanti @ Prithvi
                  Tanti R/O Village - Srinagar ward no.- 10, P.S- Ghailarh, District -
                  Madhepura
           2.     Nunu Tanti @ Shambhu Tanti Son of Prithwi Tanti @ Prithvi Tanti Son of
                  Prithwi Tanti @ Prithvi Tanti Resident of Village -Srinagar ward no. 10 P.S-
                  Ghailarh Dist- Madhepura.
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Chandra Mohan Jha
                 For the Opposite Party/s :      Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioners are apprehending their arrest in a

                   case registered for the offence punishable under Sections

                   103(1), 61(2) of the B.N.S.

                                 3. Petitioners along with other accused persons are

                   said to have committed murder of the sister of the informant.

                                 4. Learned counsel for the petitioners, at the outset,

                   submits that the petitioners are the brother-in-law of the

                   deceased who are separate in mess and business from the

                   husband of the deceased. It is further submitted that the
Patna High Court CR. MISC. No.25003 of 2026(2) dt.01-05-2026
                                            2/3




          marriage dates back to the year 2004 and on account of non-

          bearing of child,        the deceased had committed suicide. The

          allegation of electrocution or hanging does not stand supported

          by the postmortem report and further the husband of the

          deceased is already in custody since 15.10.2025 as stated in

          para-8 of the present petition. It is further submitted that the

          similarly situated co-accused mother-in-law has already been

          granted bail by a coordinate Bench of this Court vide order

          dated 18.03.2026 passed in Cr. Misc. No. 13888 of 2026.

                       5. Learned APP for the State has opposed the

          application for anticipatory bail.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and also considering the fact that the petitioners

          are the brother-in-law and the husband who is primarily

          responsible for the welfare of his wife is already in custody, let

          the above named petitioners, in the event of their arrest or

          surrender before the learned Court below within a period of four

          weeks from today, be enlarged on bail on furnishing bail bond

          of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

          the like amount each to the satisfaction of the learned court

          below where the case is pending/successor court in connection

          with Madhepura (Ghailarh O.P.) P.S. Case No. 1011 of 2025,
             Patna High Court CR. MISC. No.25003 of 2026(2) dt.01-05-2026
                                                         3/3




                       subject to the condition as laid down under Section 438 (2) of

                       the Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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