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Patna High Court

Tejnarayan Ray @ Tej Narayan RaiversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court granted anticipatory bail to the petitioners in Cr. Misc. No. 3189/2026 with conditions and allowed the withdrawal of anticipatory bail for Tejnarayan Ray.

Summary

The petitioners Motilal Rai, Sanjay Kumar and Sudama Kunwar applied for anticipatory bail in Criminal Miscellaneous No. 3189/2026, arising from FIR No. 361/2025 alleging murder of Sushila Kumari under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They are relatives of the deceased and contend that the FIR contains only general, omnibus allegations with no specific charge against them, and that they are law‑abiding citizens. The State opposed the bail, arguing the seriousness of the offence. The Court also dealt with a separate anticipatory bail application (Cr. Misc. No. 3248/2026) by Tejnarayan Ray, which was withdrawn on the petitioner's request and the petitioner was directed to surrender. Considering the lack of specific allegations and the petitioners' circumstances, the Court granted anticipatory bail to the three petitioners subject to a Rs 10,000 bond, two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, while also ordering the withdrawal of the anticipatory bail for Tejnarayan Ray.

Issues considered

  • Whether anticipatory bail should be granted when the FIR contains only general, omnibus allegations and no specific charge against the petitioners.
  • Whether the anticipatory bail application of Tejnarayan Ray can be withdrawn and the petitioner directed to surrender.

Legislation cited

Subjects

  • anticipatory bail
  • omnibus FIR
  • general allegations
  • murder
  • Bharatiya Nyaya Sanhita
  • Section 438
  • Section 482
  • bail conditions
  • withdrawal of bail

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3189 of 2026
                 Arising Out of PS. Case No.-361 Year-2025 Thana- KALYANPUR District- East Champaran
                 ======================================================
           1.     Motilal Rai @ Moti Lal Ray Son of Late Jamuna Rai Resident of Village -
                  Jamunapur, P.S. -Kalyanpur, District - East Champaran.
           2.    Sanjay Kumar @ Sanjay Prasad Yadav Son of Late Hira Lal Ray Resident of
                 Village - Jamunapur, P.S. -Kalyanpur, District - East Champaran.
           3.     Sudama Kunwar Wife of Late Hira Lal Rai Resident of Village - Jamunapur,
                  P.S. -Kalyanpur, District - East Champaran.
                                                                           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                                                        with
                             CRIMINAL MISCELLANEOUS No. 3248 of 2026
                 Arising Out of PS. Case No.-361 Year-2025 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Tejnarayan Ray @ Tej Narayan Rai S/ O Motilal Ray Resident of Village -
                 Jamunapur, P.S. -Kalyanpur, District - East Champaran
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 3189 of 2026)
                 For the Petitioner/s     : Mr.Madhurendra Kumar
                 For the Opposite Party/s : Mr.Awadhesh Kumar Singh
                 (In CRIMINAL MISCELLANEOUS No. 3248 of 2026)
                 For the Petitioner/s     : Mr.Madhurendra Kumar
                 For the Opposite Party/s : Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   20-02-2026                       Heard learned counsel for the petitioners and

                   learned APP for the State.

                               2. As both the bail applications arise out of the same

                   police station case number, and with the consent of the parties,

                   they are being heard together and disposed of by this common

                   order.
Patna High Court CR. MISC. No.3189 of 2026(3) dt.20-02-2026
                                            2/5




                       3. At the outset, learned counsel for the petitioner

          seeks permission to withdraw the anticipatory bail application

          with respect to petitioner, Tejnarayan Ray @ Tej Narayan Rai,

          in Cr. Misc. No.3248 of 2026.

                       4. Permission is accordingly granted.

                       5. Considering the aforesaid submissions, the

          anticipatory bail application with respect to petitioner in Cr.

          Misc. No.3248 of 2026 stands dismissed as withdrawn and the

          petitioner is directed to surrender before the Trial Court within a

          period of four weeks from today and it is expected that on

          surrender, his regular bail application will be heard on merits.

                       6. Now, the anticipatory bail application with respect

          to petitioners in Cr. Misc. No.3189 of 2026 is being considered.

                       7. The petitioners are apprehending their arrest in

          connection with Kalyanpur P.S. Case No.361 of 2025, F.I.R

          dated 11.09.2025 registered for the offences punishable under

          Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                      8. According to prosecution case, Sushila Kumari,

          was married to co-accused Tej Narayan Rai on 27.06.2022. At

          the time of marriage, substantial gifts including gold and silver

          ornaments, furniture, clothes, a motorcycle, and cash were

          given. After the birth of a baby girl, the accused allegedly
Patna High Court CR. MISC. No.3189 of 2026(3) dt.20-02-2026
                                            3/5




          demanded a gold chain and a she-buffalo and subjected the

          deceased to cruelty for non-fulfilment of these demands.

          Despite attempts by the informant to settle the matter, the

          accused allegedly threatened to kill her. On 05.09.2025, the

          accused persons allegedly killed the deceased, cremated her

          body, and fled. The informant learned of the incident from

          villagers and, upon reaching the matrimonial home, found that

          the body had already been cremated, leading to the lodging of

          the present case.

                      9. Learned counsel for the petitioners submits that

          petitioner Nos.1, 2 and 3 are the father-in-law, cousin and aunt

          of the deceased daughter of the informant. It has next been

          submitted that from the contents of the F.I.R., there is nothing

          specific against these petitioners rather the allegations are

          general and omnibus in nature. It has further been submitted that

          the petitioner was suffering from severe anxiety and depression

          on the alleged date of occurrence and she committed suicide and

          on information having been given to the parents of the deceased,

          they participated in the cremation and thereafter, the F.I.R. was

          lodged, after a delay of about six days. The petitioners are law

          abiding citizens, having sufficient means and could not abscond

          or tamper with the evidence.
Patna High Court CR. MISC. No.3189 of 2026(3) dt.20-02-2026
                                            4/5




                      10. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail application.

                       11. Considering the aforesaid facts and circumstances

          that there is no specific allegations against the petitioners in Cr.

          Misc. No.3189 of 2026 rather the allegations are general and

          omnibus in nature and the F.I.R. is said to have been lodged

          after a delay of about six days and the anticipatory bail

          application with respect to petitioner in Cr. Misc. No.3248 of

          2026 has already been withdrawn and he proposes to surrender

          before the learned Trial Court. Accordingly, this Court is

          inclined to grant the privilege of anticipatory bail to the

          petitioners in Cr. Misc. No.3189 of 2026.

                       12. Let the petitioners, above named, in the event of

          their arrest or surrender before the Court below within a period

          of thirty days from the date of receipt of the order, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Additional Chief Judicial Magistrate- 12th East

          Champaran, Motihari, in connection with Kalyanpur P.S. Case

          No.361 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure / Section

          482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
           Patna High Court CR. MISC. No.3189 of 2026(3) dt.20-02-2026
                                                       5/5




                     following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative/known of the petitioner(s) who shall provide

                     official document/personal affidavit to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.

                                  (v) the learned Trial Court is directed to accept the

                     bail bonds of the petitioner only after ensuring the surrender of

                     the husband being the petitioner in Cr. Misc. No.3248 of 2026.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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