Patna High Court
Subodh SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, in view of the petitioners' clean antecedent and lack of direct involvement, anticipatory bail under Section 438 CrPC could be granted.
Summary
The petitioners, parents of the main accused Bishnu Kumar, feared arrest in Lakhisarai P.S. Case No. 461 of 2025 for offences under Sections 137(2), 140(1), 61(2) and 3(5) of the B.N.S. They claimed they were falsely implicated solely because of their relationship to the accused and asserted a clean antecedent. The State opposed the grant of anticipatory bail. The Court, after considering the facts and the petitioners' clean record, allowed the prayer for anticipatory bail, directing that they be released on furnishing bail bonds and sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC in the present case.
- Whether the petitioners' relationship to the main accused justifies their implication and denial of bail.
Legislation cited
- B.N.S. — s. 137, 140, 3, 482, 61
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5013 of 2026
Arising Out of PS. Case No.-461 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
1. Subodh Saw S/O Baleshwar Saw R/O Vill.- Mankatha Bodhi Tola, P.S-
Amhara, Dist.- Lakhisarai
2. Sangita Devi W/O Subodh Saw R/O Vill.- Mankatha Bodhi Tola, P.S-
Amhara, Dist.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehends their arrest in
connection with Lakhisarai P.S. Case No. 461 of 2025, for
offences under Sections 137(2)/140(1)/61(2)/3(5) of the B.N.S.
3. The petitioners are the parents of the main accused
Bishnu Kumar with whom the victim girl has eloped.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Petitioners are made accused in this case only due
to being parents of the accused Bishnu Kumar. Petitioners have
clean antecedent.
Patna High Court CR. MISC. No.5013 of 2026(3) dt.24-02-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the above facts and circumstances of
the case and the fact that the petitioners have clean antecedent,
the prayer for grant of anticipatory bail is allowed.
7. Accordingly, let the petitioners, 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) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Lakhisarai/concerned Court below, in
connection with Lakhisarai P.S. Case No. 461 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure/ section 482(2) of the BNSS.
(Sandeep Kumar, J)
Ranjeet/-
U T
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