Patna High Court
Hiramuni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Hiramuni Devi, feared arrest in a murder case (PS Case No. 45 of 2025) where she is alleged to have participated in killing her son‑in‑law. The prosecution charged her under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Her counsel argued she is innocent and that all other accused have already been tried and acquitted. The State opposed the bail request. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and a verification condition that the co‑accused’s acquittals be confirmed. The bail is to be released under Section 482(2) of the BNSS, with the lower court to ensure the condition is satisfied before accepting the bond.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the fact that all other accused have been acquitted influences the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- murder
- acquittal
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44679 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- KORANSARAI District- Buxar
======================================================
Hiramuni Devi W/O Raj Kumar Gond Resident of Village- Koransarai, P.S-
Koransarai, District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan
For the Opposite Party/s : Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Koransarai P.S. Case No. 45 of 2025 registered for offences
under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is the
mother-in-law of the deceased. She along with others is said to
have killed the deceased.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that all the accused persons except the
petitioner have faced trial and have been acquitted.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.44679 of 2025(3) dt.26-02-2026
2/2
the prayer for bail.
6. Considering the facts and circumstances of the case
and the submission of the learned counsel for the petitioner, this
application for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Kooransarai P.S. Case No. 45 of 2025 subject to the conditions
as laid down under Section 482(2) of the BNSS and with further
condition that:-
(I). At the time of accepting the bail
bonds of the petitioner, the Court below shall verify
the submission of the learned counsel for the
petitioner i.e., all the accused persons except the
petitioner have faced trial and have been acquitted.
If the statement of the petitioner is found to be true
then only the bail bonds of the petitioner shall be
accepted otherwise appropriate order shall be
passed by the Court below.
(Sandeep Kumar, J)
Shishir/-
U T
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