Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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The application was allowed for petitioners 1 and 4, granting bail, and dismissed as withdrawn for petitioners 2 and 3.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 Petitioners 2 and 3 withdrew their application, and the court dismissed it as withdrawn, directing them to surrender and apply for regular bail.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- Whether the application of petitioners 2 and 3 can be dismissed as withdrawn.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
- Bihar Narcotic Substances Act — s. 3(5), 80, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dangerous Drugs Act — s. ¾
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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