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Patna High Court

Kiran DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
           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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