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Patna High Court

Nikhil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioners, who are the father‑in‑law, mother‑in‑law, brother‑in‑law and sister‑in‑law of a deceased woman, sought anticipatory bail fearing arrest in a case (Paura P.S. Case No. 47 of 2025) alleging they demanded a motorcycle and cash and, for non‑payment, killed the informant’s sister. The prosecution alleged offences under Sections 80 and 3(5) of the B.N.S., while the petitioners contended that the post‑mortem showed death by hanging, there was no specific allegation of an overt act against them, the informant had withdrawn his complaint and filed a compromise, and they have clean antecedents. The learned Additional Public Prosecutor opposed the bail. The High Court, after considering the submissions and the lack of concrete evidence, granted anticipatory bail under Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the B.N.S., imposing conditions such as bail bonds, sureties, presence before the trial court, and verification of antecedents. The order clarified that its observations would not affect the trial, and the application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in view of the allegations under Sections 80 and 3(5) of the B.N.S.
  • Whether the absence of an overt act and the post‑mortem finding of hanging justify denial of bail
  • Whether the conditions imposed under Section 482(2) of the B.N.S. are appropriate

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • murder allegation
  • post‑mortem report
  • compromise
  • family members
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8359 of 2026
                         Arising Out of PS. Case No.-47 Year-2025 Thana- Paura District- Khagaria
                 ======================================================
           1.     Nikhil Kumar Son of Nageshwar Singh @ Nago Singh All are Resident of
                  Kanhauli, P.S. - Paura, District - Khagaria.
           2.    Nageshwar Singh @ Nago Singh Son of Late Ramrup Singh All are
                 Resident of Kanhauli, P.S. - Paura, District - Khagaria.
           3.    Indu Devi W/o Nageshwar Singh @ Nago Singh All are Resident of
                 Kanhauli, P.S. - Paura, District - Khagaria.
           4.    Fulo Kumari @ Phul Kumari D/o Nageshwar Singh @ Nago Singh All are
                 Resident of Kanhauli, P.S. - Paura, District - Khagaria.

                                                                                     ... ... Petitioner/s

                                                         Versus

                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amar Kumar Singh, Adv.
                 For the Opposite Party/s :        Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Paura P.S. Case No. 47 of 2025 dated 22.10.2025

                   registered for the offences punishable under Sections 80 and

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

                                3. As per the prosecution case, the informant has

                   alleged that his sister was married with Gyandev Singh in the

                   year 2022 and thereafter, the entire family had been demanding
Patna High Court CR. MISC. No.8359 of 2026(2) dt.17-02-2026
                                            2/4




          motorcycle and cash and for non fulfillment of the same, the

          accused persons killed the sister of the informant.

                       4. The learned counsel for the petitioners submits that

          petitioners are the father-in-law, mother-in-law, devar and nanad

          of the deceased. It has also been submitted that there is mere

          suspicion raised against all the petitioners that they have killed

          the deceased but from perusal of the Post-mortem report, it

          would be evident that the cause of death is stated to be asphyxia

          due to hanging. It has also been submitted that there is no

          specific allegation of overt act against these petitioners and

          subsequently, the informant has realized his mistake and had

          also filed a compromise in the present matter. It has lastly been

          submitted that the petitioners have clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioners above named, are directed to be released

          on anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks from today, on

          furnishing       bail-bonds         of     Rs.      10,000/-(Rupees   Ten

          Thousand)each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.8359 of 2026(2) dt.17-02-2026
                                            3/4




          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Paura P.S. Case No.

          47 of 2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of BNSS as well as subject to the

          following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioners.

                       (ii) The petitioners shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                       (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the

          petitioners will be liable to be cancelled by the Court concerned.

                       (iv) The trial court shall verify the criminal antecedent

          of the petitioners and in case, at any stage, it is found that the

          petitioners have concealed their criminal antecedents, the trial

          court shall take necessary steps for cancellation of bail bonds of

          the petitioners. However, the acceptance of bail bonds in terms

          of the above mentioned order shall not be delayed for purpose

          of or in the name of verification.

                       7. It is made clear that the observations, if any, made
           Patna High Court CR. MISC. No.8359 of 2026(2) dt.17-02-2026
                                                       4/4




                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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