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Patna High Court

Shivpujan DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petitioners' application for anticipatory bail.

Summary

The petitioners, who are relatives of the deceased, sought anticipatory bail fearing arrest in a case registered under Sections 61, 103(1) and 3(5) of the B.N.S. The prosecution alleged that the petitioners were involved in the killing and hanging of the informant's son, who had allegedly been involved in an extramarital affair. The petitioners contended they were innocent, stating the death was a suicide by hanging with no external injuries, and highlighted their clean antecedents. The State opposed the bail application. Considering the lack of direct evidence, the general nature of the accusation, and the petitioners' clean record, the Court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S. The order directs that if arrested within eight weeks, the petitioners be released on bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in a case alleging murder and hanging.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • false implication
  • suicide
  • hanging
  • clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80504 of 2025
                     Arising Out of PS. Case No.-37 Year-2025 Thana- Haraiya District- East Champaran
                 ======================================================
           1.     Shivpujan Das S/o- Jeetlal Das Village- Dhupwa Tola P.S.-Hariyia Raxual
                  Dist- East Champaran
           2.    Premsheela Devi @ Pramila Devi w/o- Shivpujan Das Village- Dhupwa Tola
                 P.S.-Hariyia Raxual Dist- East Champaran
           3.    Dhruv Das @ Dhrup Das S/o- Mukhlal Das Village- Dhupwa Tola P.S.-
                 Hariyia Raxual Dist- East Champaran
           4.    Madan Das S/o- Lakshman Das Village- Dhupwa Tola P.S.-Hariyia Raxual
                 Dist- East Champaran
           5.    Shyamsundar Das @ Shyamsundar Kumar S/o- Sonalal Das Village-
                 Dhupwa Tola P.S.-Hariyia Raxual Dist- East Champaran

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Dhannjay Kumar II, Advocate
                 For the State            :        Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   02-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 61, 103(1)

                   and 3(5) of the B.N.S..

                                3. As per prosecution case, marriage of son of

                   informant was solemnized with co-accused Neha Kumari on

                   24.06.2024. After some time, it was found that co-accused Neha

                   Kumari was having extra marital affair with some other person
Patna High Court CR. MISC. No.80504 of 2025(4) dt.02-02-2026
                                            2/3




          and on 05.04.2025, informant got to know that all the F.I.R.

          named accused persons, including these petitioners, have killed

          his son and hanged his dead body.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Petitioner No. 1 is father-in-law,

          Petitioner No. 2 is mother-in-law, Petitioner Nos. 3 and 4 are

          cousin fathers-in-law and Petitioner No. 5 is cousin brother-in-

          law of the deceased. Informant is not an eye witness to the

          occurrence and petitioners have falsely been implicated in this

          case merely on suspicion. As a matter of fact, there was some

          dispute between the couple due to which, son of informant

          committed suicide. No external or internal injury were found on

          the body of the deceased. As per post mortem report, cause of

          death is Asphyxia due to hanging. Petitioners claim clean

          antecedents.

                       5. Learned A.P.P. for the State has 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 and clean

          antecedents of the petitioners, the prayer for grant of
             Patna High Court CR. MISC. No.80504 of 2025(4) dt.02-02-2026
                                                         3/3




                       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 C.J.M., Motihari, East

                       Champaran in connection with Haraiya P.S. Case No. 37 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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