Patna High Court

Anita KumariversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted bail to the petitioners subject to the stipulated conditions.

Summary

Anita Kumari and Shibu Choudhary filed a bail petition fearing arrest in a case registered under Sections 103(1), 238 and 3(5) of the Bhartiya Nyaya Sanhita for alleged murder of a relative. The informant, who is not an eye‑witness, claimed the petitioners killed his nephew and left the body on a railway track, but the petitioners contended the deceased fell from a train and died of accidental injuries as shown in the post‑mortem report. They argued the case was fabricated to facilitate a land grab and that no witness had seen them commit the alleged act, emphasizing their clean antecedent. The State opposed bail. The court, after considering the facts, ordered that the petitioners be released on bail if they surrender within eight weeks, upon furnishing a bail bond of Rs 10,000 each with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether bail should be granted to the petitioners despite the serious nature of the alleged offences
Whether the allegations constitute a fabricated case aimed at land acquisition
Whether the conditions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, justify granting bail

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 103(1), 238, 3(5)

Subjects

bail
fabricated case
murder allegation
land dispute
criminal procedure
Section 482
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76534 of 2025
                        Arising Out of PS. Case No.-134 Year-2025 Thana- RAJAON District- Banka
                 ======================================================
           1.     Anita Kumari D/O Dablu kumar @ Dablu Choudhary Resident of village-
                  Mahada, P.s.- Rajoun, District- Banka
           2.     Shibu Choudhary @ Shiv Narayan Choudhary S/O late Chhedi Choudhary
                  Resident of village- Patangia, P.s.- Banka, District- Banka
                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sudhir Kumar Mishra
                 For the Opposite Party/s :       Mr.Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-01-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 103(1), 238, 3(5) of the

                   Bhartiya Nyaya Sanhita.

                                3. Informant alleges that on 15.03.2025, the F.I.R.

                   named accused persons including petitioners committed murder

                   of his nephew by brutally assaulting him and kept his dead-body

                   on a railway track.

                                4. Learned counsel for the petitioners submits that

                   informant is not an eye-witness to the occurrence. Deceased is

                   uncle of petitioner no. 1 and petitioner no. 2 is maternal

                   grandfather of deceased. As a matter of fact, the deceased fell

                   down from the train and died. In the post-mortem report also,
           Patna High Court CR. MISC. No.76534 of 2025(3) dt.13-01-2026
                                                       2/2




                     the doctor has found the cause of death, as haemorrhage and

                     shock due to accident, but only with a view to grab the land of

                     petitioners, this false and fabricated case has been lodged.

                     During investigation, none of the witness has claimed to have

                     seen petitioners committing the alleged occurrence. Petitioners

                     claim clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned C.J.M., Banka                in connection with

                     Rajoun P.S. Case No. 134 of 2025, corresponding to G.R. No.

                     943 of 2025, subject to condition as laid down under Section

                     482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                   (Prabhat Kumar Singh, J)
anay

U      T

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