Patna High Court
Muneshwar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and conditions.
Summary
The petitioners, senior citizens and in-laws of a deceased woman, sought anticipatory bail fearing arrest in a murder case where the FIR alleged that the deceased's daughter was poisoned and thrown from a roof. The FIR implicated the husband of the deceased, who was already in custody, and made general, omnibus allegations against the petitioners. The State opposed bail, citing the seriousness of the offences under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The Court noted the lack of specific material against the petitioners, their age, and the precedent where similarly situated co‑accused were granted bail. Accordingly, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and cooperation with the investigation, invoking Section 438 of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains general and omnibus allegations against the petitioners.
- Whether the petitioners' status as senior citizens warrants relief under Section 438 Cr.P.C. and Section 482(2) BNSS.
- Whether the grant of bail to co‑accused in a related case influences the decision to grant bail to the petitioners.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103, 3(5), 482(2), 80
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- senior citizens
- murder
- poisoning
- BNSS
- Cr.P.C.
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88206 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- GANGABRIDGE District- Vaishali
======================================================
1. Muneshwar Singh Son of Harihar Singh Resident of Village - Nawada
Jadhua, Police Station - Ganga Bridge, Dist. - Vaishali.
2. Banarsi Devi Wife of Muneshwar Singh R/o Village - Nawada Jadhua, P.S. -
Ganga Bridge, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
: Mr. Hemant Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 103, 80,
3(5) of the B.N.S..
3. The allegation in the First Information Report is
that the daughter of the informant was poisoned and thrown
from the roof causing death by the accused persons, who are the
husband and in-laws of the deceased.
4. Learned counsel for the petitioners submits that the
present petitioners are old and ailing father-in-law and mother-
in-law, who are both senior citizens, being 75 years and 62 years
Patna High Court CR. MISC. No.88206 of 2025(2) dt.15-01-2026
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of age respectively. It has also been submitted that the
allegations made in the First Information Report are general and
omnibus in nature, however, the thrust of the allegation is
against the husband of the deceased Vikas Kumar, who is
already in custody as per the specific averment made in the
paragraph-10 of the petition. It has further been submitted that
the petitioners reside separately and do not have any concern
with day to day affairs of the deceased and her husband and till
date no material is on record to show that the deceased was
poisoned.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there is general and
omnibus nature of allegation and also considering that similarly
situated co-accused persons have already been granted privilege
of anticipatory bail by a Co-ordinate Bench of this Court vide
order dated 18.12.2025 passed in Cr. Misc. No.86994 of 2025,
let the above named petitioners, be released on bail, in the event
of their arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
Patna High Court CR. MISC. No.88206 of 2025(2) dt.15-01-2026
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bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
connection with Ganga Bridge P.S. Case No. 113 of 2025,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
7. However, the petitioners shall co-operate with the
investigation, if not already concluded and make themselves
available and when so required, failing which the prosecution
will be at liberty to move cancellation of his bail bond.
(Soni Shrivastava, J)
anand/-
U T
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