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Patna High Court

Ashok Kumar @ Ashok RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, on a prima facie basis, no incriminating evidence existed against the petitioners and therefore granted anticipatory bail.

Summary

The petitioners, four fathers from Chhota Jhauan, were named in an FIR for alleged murder (IPC §§302, 201 & 34) of the daughter of petitioner No.1. They contended that the FIR was false, filed out of personal enmity with the informant whose grandson had previously been imprisoned. The informant was not an eyewitness and the deceased had no relation to him. The State opposed anticipatory bail, but the court found no prima facie incriminating material against the petitioners, noting their clean antecedents and the hostile background. Consequently, the court ordered anticipatory bail, directing the petitioners to surrender within four weeks and furnish bail bonds of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438(2) Cr.P.C. in view of the allegations under IPC §§302, 201 & 34.
  • Whether the FIR is a false implication arising from personal enmity, thereby lacking sufficient grounds for arrest.

Legislation cited

Subjects

  • anticipatory bail
  • false FIR
  • personal enmity
  • IPC 302
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • bail conditions
  • criminal law
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65512 of 2024
                     Arising Out of PS. Case No.-343 Year-2023 Thana- AWTARNAGAR District- Saran
                 ======================================================
           1.     Ashok Kumar @ Ashok Rai Son of Shankar Prasad @ Shankar Rai Village-
                  Chhota Jhauan Ps- Awatarnagar Dist- Saran
           2.    Binod Rai @ Binod Kumar Rai Son of Late Shivnath Prasad Rai @
                 Shivnath Rai Village- Chhota Jhauan Ps- Awatarnagar Dist- Saran
           3.    Abhishek Rai @ Abhishek Raj Son of Birendra Ray Village- Chhota Jhauan
                 Ps- Awatarnagar Dist- Saran
           4.     Sanjeet Kumar Son of Brij Kishor Rai @ Brajkishor Ray Village- Chhota
                  Jhauan Ps- Awatarnagar Dist- Saran
                                                                          ... ... Petitioners
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rakesh Kumar, Advocate
                 For the Opposite Party/s :      Mr.Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   03-02-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Awatarnagar P.S.

                   Case No. 343 of 2023 registered for the offences punishable

                   under Sections 302, 201 & 34 of the Indian Penal Code.

                             3. As per FIR, informant raised suspicion that he might

                   be implicated with the present false case for the death of

                   daughter of petitioner no. 1 who was alleged to be kidnapped

                   by the grand-son of the informant prior to this occurrence for
Patna High Court CR. MISC. No.65512 of 2024(4) dt.03-02-2026
                                            2/3




          the purpose of illicit intercourse/marriage.

                   4. Learned counsel appearing on behalf of the

          petitioners submitted that alleged FIR is appearing much like

          an informatory petition qua false implication with the present

          occurrence in the background of previous enmity as the

          deceased is nowhere related with the informant.

                   5. It is submitted that to take revenge of earlier case

          where the grand-son of petitioner no.1 was sent to jail, when

          the daughter of petitioners died due to Diarrhea after

          attending marriage party, taking advantage of the situation

          the present false case was lodged by the informant. It is

          submitted that informant is not the eye witness of the

          occurrence. Petitioners claimed clean antecedent.

                   6. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail of the petitioners.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as prima facie save and except

          suspicion nothing incriminating appears against petitioners,

          who are none but the parents of the deceased, coupled with

          the fact that admittedly informant has inimical terms with the
           Patna High Court CR. MISC. No.65512 of 2024(4) dt.03-02-2026
                                                       3/3




                     petitioners prior to lodging of this case, accordingly, all above-

                     named petitioners, in the event of their arrest/surrender

                     within a period of four weeks from this order, are directed to

                     be enlarged on bail on furnishing of bail bond of Rs.10,000/-

                     (ten thousand only) each with two sureties of the like amount

                     each to the satisfaction of learned Judicial Magistrate - 1 st

                     Class, Saran at Chapra/concerned court in connection with

                     Awatarnagar P.S. Case No. 343 of 2023, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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