Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioners must surrender within eight weeks and may then apply for regular bail; the application is disposed.
Summary
The petitioners, Kiran Devi, Shivnath Kumar, Dina Paswan and Ujjawal Kumar, feared arrest in a case registered under Sections 126(2), 115(2), 110, 324(4) and 3(5) of the B.N.S. They were already on police bail under Section 35 of the same Act. The State argued that there was no apprehension of arrest as the petitioners were on police bail. The Court referred to Mahendra Prasad Singh v. State of Bihar (2004) which held that persons granted police bail must comply with its terms and may seek regular bail after surrendering. Accordingly, the Court directed the petitioners to surrender within eight weeks and then file a bail application, after which the lower court would decide on bail. The petition was thereafter disposed.
Issues considered
- Whether the petitioners can claim apprehension of arrest despite being on police bail under Section 35 of the B.N.S.
- Whether the petitioners are required to surrender before applying for regular bail
Legislation cited
- B.N.S. — s. 110, 115(2), 126(2), 324(4), 3(5), 35
Subjects
- police bail
- surrender
- bail application
- criminal procedure
- apprehension of arrest
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82775 of 2025
Arising Out of PS. Case No.-413 Year-2024 Thana- BELAGANJ District- Gaya
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1. Kiran Devi W/O Dina Paswan Resident of Village- Alambigha, Rauna, P.S.-
Belaganj,Dist.-Gaya, Bihar, Pin-804404.
2. Shivnath Kumar @ Rishav Kumar S/O Birendra Paswan Resident of
Village- Alambigha, Rauna, P.S.-Belaganj,Dist.-Gaya, Bihar, Pin-804404.
3. Dina Paswan S/O Kapil Paswan Resident of Village- Alambigha, Rauna,
P.S.-Belaganj,Dist.-Gaya, Bihar, Pin-804404.
4. Ujjawal Kumar @ Ujjwal Kumar S/O Dina Paswan Resident of Village-
Alambigha, Rauna, P.S.-Belaganj,Dist.-Gaya, Bihar, Pin-804404.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anmol Kumar , Advocate
For the Opposite Party/s : Mr. Pranav Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned A.P.P. appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 110, 324(4) and Section 3(5) of B.N.S.
3. At the outset, learned A.P.P. for the State submits
that from bare perusal of impugned order it is apparent that the
police has given benefit of section 35 of BNS to the petitioners
and there is no apprehension of their arrest.
4. From bare perusal of the impugned order it is clear
Patna High Court CR. MISC. No.82775 of 2025(2) dt.05-01-2026
2/2
that petitioners are already on police bail under section 35 of
BNS. This Court, in case of Mahendra Prasad Singh Vs. State
of Bihar, reported in 2004 (3) P.L.J.R. 491 has held that once
accused persons are granted privilege of police bail, they must
honour the terms of police bail. Upon surrendering, petitioner is
entitled to apply for bail, and the court is instructed to consider
this application in alignment with the principle established in
the cited case.
5. In view of the observation of this Court made in the
aforesaid case, petitioners are directed to surrender before the
Court below within a period of eight weeks from today. In case,
petitioners surrender and file an application for bail, the
concerned Court will pass order in the similar manner as has
been decided in the case of Mahendra Prasad Singh (Supra).
6. With the above directions/observations, this
application is disposed of.
(Prabhat Kumar Singh, J)
shivam/-
U T
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