Patna High Court
Nikhil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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post‑mortem showed death by hanging, there was no specific allegation of an overt act against them, the informant had withdrawn his complaint and filed a compromise, and they have clean antecedents.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
- B.N.S. — s. 3(5), 482(2), 80
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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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