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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The application was allowed for petitioners 1 and 4, granting bail, and dismissed as withdrawn for petitioners 2 and 3.

Summary

The petitioners sought relief from imminent arrest in a case (Makhdumpur PS Case No. 601 of 2024) involving alleged murder and offences under Sections 85, 80 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section ¾ of the Dangerous Drugs Act. Petitioners 2 and 3 withdrew their application, and the court dismissed it as withdrawn, directing them to surrender and apply for regular bail. Petitioners 1 (Akash Kumar) and 4 (Richa Devi) are the brother‑in‑law and sister‑in‑law of the deceased and face a general allegation. The court, after considering the facts, allowed the bail application for petitioners 1 and 4, ordering release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The order also set a four‑week deadline for surrender or arrest to obtain bail.

Issues considered

  • Whether bail should be granted to petitioners 1 and 4 under Section 438 CrPC and Section 482 BNSS in view of the allegations of murder and narcotic offences.
  • Whether the application of petitioners 2 and 3 can be dismissed as withdrawn.

Legislation cited

Subjects

  • bail
  • Section 438 CrPC
  • Section 482
  • narcotic offences
  • dangerous drugs
  • high court
  • withdrawal of application
  • family relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34645 of 2025
                  Arising Out of PS. Case No.-601 Year-2024 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
           1.     Akash Kumar S/O Surendra Ram Resident of Devkuli Math, P.s.-
                  Makhdumpur (Tehta O.P.), District- Jehanabad
           2.    Surendra Ram S/O Late Ratan Ram Resident of Devkuli Math, P.s.-
                 Makhdumpur (Tehta O.P.), District- Jehanabad
           3.    Renu Devi W/O Surendra Ram Resident of Devkuli Math, P.s.-
                 Makhdumpur (Tehta O.P.), District- Jehanabad
           4.     Richa Devi W/O Akash Kumar Resident of Devkuli Math, P.s.-
                  Makhdumpur (Tehta O.P.), District- Jehanabad
                                                                      ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raju Kumar
                 For the Opposite Party/s :        Mr.Lalan Kumar
                 For the Informant        :        Ms. Pragya Kiran.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   17-02-2026                    Heard the parties.

                                   2.         The petitioners apprehend their arrest in

                   connection with Makhdumpur (O.P. Tehta) P.S. Case No. 601 of

                   2024 registered for the offence under Sections 85, 80 and 3(5)

                   pf the BNS, 2023 along with Sections ¾ pf the D.P. Act.

                                   3. As per the prosecution case, the petitioners and

                   other accused are alleged to have killed the deceased.

                                   4. Learned counsel for the petitioners, at the very

                   outset, prays for and is permitted to withdraw this application

                   filed on behalf of petitioner nos. 2 and 3.

                                   5. Accordingly, this application is dismissed as

                   withdrawn with regard to petitioner nos. 2 and 3. They are

                   directed to surrender within six weeks from today and pray for
          Patna High Court CR. MISC. No.34645 of 2025(7) dt.17-02-2026
                                                      2/2




                    regular bail.

                                    6. So far as petitioner nos. 1 and 4 are concerned,

                    they are the brother-in-law(Bhaisur) and sister-in-law(Gotni) of

                    the deceased and there is general and omnibus allegation against

                    them.

                                    7. Considering the aforesaid facts, this application

                    is allowed with regard to petitioner nos. 1 and 4.

                                    8. Let the petitioner nos. 1 and 4, above named, 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) with two

                    sureties of the like amount each to the satisfaction of the learned

                    Chief Judicial Magistrate, Jehanabad/concerned Court below in

                    connection with Makhdumpur (Tehta O.P.) P.S. Case No. 601 of

                    2024, 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)
Vikas/-

U


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