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Patna High Court

Subodh SawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                                   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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