Patna High Court
Raghuvindra Kumar @ Lillaiya YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail is warranted and granted it to the petitioners.
Summary
The petitioners, who are relatives of a deceased person allegedly killed in a murder case (Paras Bigha P.S. Case No. 201 of 2025), sought anticipatory bail fearing arrest under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita. The High Court examined the general and omnibus nature of the allegations against them and their familial relationship to the deceased. Considering that the accusations were not specifically directed at them, the Court found no sufficient ground to deny bail. Consequently, the Court granted anticipatory bail, directing that if arrested or surrendered within six weeks, each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita in the murder case
- Whether the general and omnibus nature of the allegations justifies denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 482, 80(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- murder
- Bharatiya Nyaya Sanhita
- Section 80
- Section 438
- Criminal Procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88412 of 2025
Arising Out of PS. Case No.-201 Year-2025 Thana- PARASBIGHA District- Jehanabad
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1. Raghuvindra Kumar @ Lillaiya Yadav S/O Ramadhar Yadav R/o- village-
Meghu Bigha, P.S- Paras Bigha, Dist- Jehanabad.
2. Lucky Kumar @ Dharmendra Yadav @ Lucky S/O Ramadhar Yadav R/o-
village-Meghu Bigha, P.S- Paras Bigha, Dist- Jehanabad.
3. Girjesh Kumar @ Matangi Yadav @ Girijesh Yadav S/O Ramadhar Yadav
R/o- village-Meghu Bigha, P.S- Paras Bigha, Dist- Jehanabad.
4. Poonam Devi @ Punam Devi W/O Lucky Kumar @ Dharmendra Yadav @
Lucky R/o- village-Meghu Bigha, P.S- Paras Bigha, Dist- Jehanabad.
5. Sunaina Devi @ Pramila Devi W/O Raghuvindra Kumar @ Lillaiya Yadav
R/o- village-Meghu Bigha, P.S- Paras Bigha, Dist- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary, Advocate
For the State : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Paras Bigha P.S. Case No. 201 of 2025 instituted under
Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The accused persons are said to have killed the
deceased.
4. The petitioners are the family members of the
deceased. They are not the husband, father-in-law, and mother-
Patna High Court CR. MISC. No.88412 of 2025(2) dt.15-01-2026
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in-law of the deceased.
5. Considering the general and omnibus allegation
against the petitioners and the relationship, their prayer for
anticipatory bail is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned
J.M.F.C., Jehanabad/ concerned Court in connection with Paras
Bigha P.S. Case No. 201 of 2025, subject to the conditions laid
down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
(Sandeep Kumar, J)
P .Kumar
U T
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