Patna High Court
Subash Prasad @ Subash BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners under Section 482(2) of the B.N.S.S.
Summary
The petitioners, relatives of a deceased woman, sought anticipatory bail fearing arrest in a case registered under Sections 103 and 3(5) of the B.N.S. for the alleged murder of the informant's daughter. The prosecution alleged that the deceased was killed by a group of accused, including the petitioners, who were implicated due to familial ties. The petitioners contended they had no involvement, clean antecedents, and that the primary accused (the deceased's husband) was already in custody, while another co-accused had previously been granted anticipatory bail. The State and the informant opposed the bail, arguing the seriousness of the charges. The Court, considering the general nature of the accusation, the petitioners' clean records, and the principle of parity, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in a case involving alleged murder under Sections 103 and 3(5) of the B.N.S.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- Section 103
- Section 3(5)
- Section 482(2)
- bail bond
- false implication
- family relations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65832 of 2025
Arising Out of PS. Case No.-123 Year-2025 Thana- THAWE District- Gopalganj
======================================================
1. Subash Prasad @ Subash Bhagat S/o Late Dindayal Prasad @ Dindayal
Bhagat R/o Village- Goniyar, PS- Thawe, District- Gopalganj
2. Abhimanyu Prasad @ Abhimanyu Kumar S/o Subash Prasad @ Subash
Bhagat R/o Village- Goniyar, PS- Thawe, District- Gopalganj
3. Laljhari Devi W/o Late Dindayal Prasad @ Dindayal Bhagat R/o Village-
Goniyar, PS- Thawe, District- Gopalganj
4. Shobha Devi W/o Subash Prasad @ Subash Bhagat R/o Village- Goniyar,
PS- Thawe, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Vyas Kumar Mishra, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
For the Informant : Md. Ejaz Akhter, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-01-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 103 and
3(5) of the B.N.S..
3. As per prosecution case, daughter of informant was
married to co-accused Raghav Prasad and after the marriage,
she was subjected to cruelty and harassment by the accused
persons for being issueless and ultimately, due to this reason,
Patna High Court CR. MISC. No.65832 of 2025(4) dt.16-01-2026
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she was killed by the accused persons.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 1 happens
to be elder brother-in-law (Bhaisur), Petitioner No. 2 is nephew,
Petitioner No. 3 is mother-in-law and Petitioner No. 4 is sister-
in-law of the deceased. Petitioners are separate in mess and
property and have got no concern with the affairs of the
deceased and her husband. Informant is not an eye witness of
the alleged occurrence. Thrust of accusation is against husband
of deceased who is already in custody since 10.11.2025.
Similarly situated co-accused person has already been granted
the privilege of anticipatory bail by this Hon’ble Court vide
order dated 20.11.2025 passed in Cr. Misc. No. 57923 of 2025.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the petitioners, the prayer for
Patna High Court CR. MISC. No.65832 of 2025(4) dt.16-01-2026
3/3
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Gopalganj in connection with Thawe P.S. Case No.
123 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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