Patna High Court
Anish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Anish Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 123, 80 and 3(5) of the B.N.S., 2023 concerning the alleged poisoning death of a woman. He contended that the informant, who was not an eye‑witness, falsely implicated him and that the deceased had committed suicide amid marital discord, as evidenced by a pending restitution of conjugal rights suit. The petitioner argued that if he were involved, the body would have been concealed rather than sent for post‑mortem, and he pledged cooperation with the investigation. The State opposed the bail application. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged
- Whether the allegations in the FIR constitute sufficient ground to deny bail
Legislation cited
- B.N.S., 2023 — s. 123, 3(5), 80
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- false implication
- Section 482
- criminal procedure
- poisoning death
- suicide
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82025 of 2025
Arising Out of PS. Case No.-230 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Anish Kumar S/o Anil Yadav @ Anil Kumar R/o Village - Shivay Bigha, P.S -
(Rahui) Wena, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 123, 80 and 3(5) of
B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is brother-in-law
of the deceased and the informant alleges that his daughter was
married to Manish about five years ago and out of the wedlock a
child was born, who presently is aged about 8 months, further, his
Samdhi and son-in-law work at Surat in a private firm, next
alleges that his daughter was tortured by her mother-in-law, Nanad
and Dewar (petitioner), further on 03.05.2025, his daughter was
poisoned to death by her mother-in-law, Nanad and Dewar, on
Patna High Court CR. MISC. No.82025 of 2025(2) dt.17-02-2026
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receiving the information, the informant reached the place of
occurrence and found the dead body of his daughter lying in the
Khalihan.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that informant is not an eye witness
to the occurrence. It is also submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that the dead
body was found lying in the Khalihan. It is next submitted that had
the petitioner along with his family members been involved in
poisoning the deceased, in that event, efforts would have been
made to dispose of the dead body with a view to conceal the
evidence but then the dead body was sent for post mortem for
ascertaining the cause of death. It is next submitted that relation of
the victim/deceased was not cordial with her husband, as such, the
husband of the deceased had filed Matrimonial Case No.268 of
2021 under Section 9 of the Hindu Marriage Act seeking
restitution of his conjugal rights. It is submitted that the victim
since was not on cordial terms with her husband and her husband
was living outside, as such, she consumed poison and petitioner
and his family members were not even aware that occurrence of
the nature, as alleged, had taken place that the victim committed
suicide by poisoning. It is also submitted that whenever any
Patna High Court CR. MISC. No.82025 of 2025(2) dt.17-02-2026
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dispute arises in between the husband and the wife and the
occurrence of the nature, as alleged, takes place, the entire family
members are implicated in a mechanical manner with general and
omnibus allegation. It is also submitted that petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, let petitioner, above-named, in the event
of his arrest or surrender within a period of six weeks from today,
be released on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Nalanda at
Bihar Sharif in connection with Rahui P.S. Case No.230 of 2025,
subject to the conditions as laid down under Section 482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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