Patna High Court
Sunil Patel @ Sunil RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that the petitioners are entitled to anticipatory bail, subject to conditions under Section 438(2) CrPC, in view of the bail granted to similarly situated co‑accused.
Summary
The petitioners, eight residents of Naya Tola, Dhaka, sought anticipatory bail fearing arrest in a 2018 case (PS No.338) involving alleged offences under several IPC sections, including rioting, assault, and dowry death. The prosecution alleged that the petitioners kept the dead body of Shobha Devi near a hospital, blocked a road, and attacked police. The petitioners contended they were innocent, not present at the scene, and had no criminal antecedents, noting that other co‑accused had already been granted anticipatory bail in similar matters. The State opposed the bail, arguing the seriousness of the offences. The court, considering the precedent of bail being granted to similarly situated co‑accused, ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 438(2) of the CrPC.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
- Whether the nature of the alleged offences and alleged involvement justify denial of anticipatory bail.
- Whether the grant of anticipatory bail to co‑accused in similar cases influences the decision for the petitioners.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 149, 283, 290, 291, 323, 353, 427, 435, 504
Subjects
- anticipatory bail
- dowry death
- mob violence
- IPC sections
- CrPC Section 438
- bail conditions
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5100 of 2026
Arising Out of PS. Case No.-338 Year-2018 Thana- DHAKA District- East Champaran
======================================================
1. Sunil Patel @ Sunil Raut S/o Dinesh Patel R/o Village - Naya Tola Dhaka,
P.S - Dhaka, District - East Champaran
2. Kundal Patel @ Kundan Kumar S/o Ramchandra Patel R/o Village - Naya
Tola Dhaka, P.S - Dhaka, District - East Champaran
3. Umesh Bhagat S/o Bineshawari Bhagat @ Bindeshwari Bhagat R/o Village -
Naya Tola Dhaka, P.S - Dhaka, District - East Champaran
4. Shambhu Sah S/o Harikishor Sah R/o Village - Naya Tola Dhaka, P.S -
Dhaka, District - East Champaran
5. Vinod Patel S/o Ramjad Patel R/o Village - Naya Tola Dhaka, P.S - Dhaka,
District - East Champaran
6. Isha Mohammad S/o Hamid Alam @ Hamid Miya R/o Village - Naya Tola
Dhaka, P.S - Dhaka, District - East Champaran
7. Washi Akhtar S/o Rahamat Miya @ Rahmat Hussain R/o Village - Naya
Tola Dhaka, P.S - Dhaka, District - East Champaran
8. Md. Jalamudin @ Md. Jamaluddin S/o Isha Mahammad R/o Village - Naya
Tola Dhaka, P.S - Dhaka, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State
2. The petitioner apprehends his arrest in connection
with Dhaka P.S Case No. 338 of 2018 registered for the offences
punishable under Sections 147, 149, 323, 504, 283, 427, 435,
353, 290, 291 of the Indian Penal Code.
Patna High Court CR. MISC. No.5100 of 2026(2) dt.17-02-2026
2/3
3. As per the prosecution case, the petitioners are said
to have kept the dead body of the deceased, Shobha Devi near
Referral Hospital, Dhaka on Dhaka-Chiraiya main road and they
have blocked the road and nuisance was being created there by
them. It is also alleged that when the police personnel tried to
pacify the matter, members of the mob including the petitioners
attacked on the police personnel and raised slogans against
them.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. According to the FIR, Shobha Devi was killed due
to non-fulfillment of demand of dowry. It is further submitted
that the petitioners were not present at the place of occurrence.
It is further submitted that other co-accused persons have
already been granted anticipatory bail by a co-ordinate Bench of
this Court vide Cr. Misc. No.16599 of 2019 and in Cr. Misc. No.
31185 of 2021. It is also submitted that the petitioners have got
no criminal antecedent as stated in para 3 of the bail application.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Taking into consideration the fact that similarly
situated co-accused persons have already been granted
Patna High Court CR. MISC. No.5100 of 2026(2) dt.17-02-2026
3/3
anticipatory bail, let petitioners, above named, in the event of
their arrest or surrender before the learned trial Court within six
weeks from today, be enlarged on 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 S.D.J.M.,
Dhaka, East Champaran in connection with Dhaka P.S. Case
No.338 of 2018, subject to the conditions laid down under
Section 438(2) of the Code of Criminal Procedure.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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