Patna High Court
Parma Patel @ Parma PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the anticipatory bail application, finding insufficient evidence to justify its denial.
Summary
Petitioner Parma Patel sought anticipatory bail in a criminal case registered under Sections 103 and 61(2) of the Bharatiya Nyaya Sanhita concerning the alleged murder of an informant’s husband. The informant alleged that the petitioner and other accused had lured her husband and killed him, but the post‑mortem report indicated death by asphyxia due to hanging and no injuries were found. The petitioner argued that there was no eyewitness, the allegations were vague, and he had a clean antecedent. The State opposed the bail, contending the seriousness of the offences. Considering the lack of substantive evidence, the clean antecedent and the nature of the accusation, the court granted anticipatory bail subject to a bond and sureties under Section 482(2) of the BNSS.
Issues considered
- What is the appropriate exercise of discretion in granting anticipatory bail under Sections 103 and 61(2) of the Bharatiya Nyaya Sanhita when evidence is scant?
- Does the absence of an eyewitness and the clean antecedent of the petitioner justify the grant of anticipatory bail?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103, 482(2), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 103
- Section 61(2)
- Section 482(2)
- clean antecedent
- lack of evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83829 of 2025
Arising Out of PS. Case No.-487 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
Parma Patel @ Parma Prasad Son of Ramswaroop Prasad @ Sawroop Prasad
Resident of Village- Mathlohiyar, P.S.- Harsidhi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 17-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 103, 61(2) of the
Bharatiya Nyaya Sanhita.
3. Informant alleges that co-accused Ajit Kumar asked
her husband to accompany him to the place of occurrence where
the other eleven named accused persons, including this
petitioner, would also be present and they would sort out the
land dispute between the parties. It is further stated that on her
husband not returning home, she searched for him but he was
not to be found. Subsequently, it transpired that he had been
killed and hanged. She went and identified her husband, with
fractured legs. She states that she is convinced that the accused
persons have killed him by calling him on pretext of a
panchayati.
Patna High Court CR. MISC. No.83829 of 2025(3) dt.17-03-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. There is no
eye witness to the occurrence. Allegation against petitioner is
general and omnibus. As per F.I.R., husband of the informant
was brutally assaulted by the accused persons but as per post-
mortem report, no injury report was found and cause of death is
‘Asphyxia due to hanging’. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation, injury report and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of like amount
each to the satisfaction of Chief Judicial Magistrate, Motihari in
connection with Harsidhi P. S. Case No. 487 of 2024, subject to
condition as laid down under Section 482(2) of BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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