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Patna High Court

Priti Kumar @ Priti KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting bail subject to conditions.

Summary

The petitioners, Priti Kumar, Vijay Mahto and Sanjay Mahto, applied for anticipatory bail in connection with a murder case (PS Case No. 262 of 2025) where they were alleged to have been involved in the killing of Rishi Kumar, who had eloped with their daughter. The prosecution alleged offences under Sections 103(1), 61, 3(5) of the B.N.S. and Section 27 of the Arms Act. The petitioners contended that they were falsely implicated and maintained their innocence. The State opposed the bail, arguing the seriousness of the charges. The High Court, after hearing both sides, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and a condition that the petitioners cooperate fully with the trial proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC and Section 482 of the B.N.S.
  • Whether the petitioners pose a risk of absconding or tampering with evidence in the murder case
  • Whether the allegations of false implication justify the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • false implication
  • murder
  • elopement
  • Arms Act Section 27
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89786 of 2025
                     Arising Out of PS. Case No.-262 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
           1.     Priti Kumar @ Priti Kumari wife of Vijay Mahto Resident of village-
                  Sonbarsa PS- Sonbarsa Distt- Sitamarhi
           2.    Vijay Mahto @ Vijay Kumar Mahto @ Vijay Kumar Son of Late Mauje
                 Mahto Resident of village- Sonbarsa PS- Sonbarsa Distt- Sitamarhi
           3.    Sanjay Mahto @ Sanjay Kumar son of Late Mauje Mahto Resident of
                 village- Sonbarsa PS- Sonbarsa Distt- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ayush Kumar, Advocate
                 For the Opposite Party/s :       Mr.Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The       petitioners     apprehend       their    arrest      in

                   connection with Sonbarsa P.S. Case No. 262 of 2025 registered for

                   the offence under Sections 103(1)/ 61/ 3(5) of the B.N.S. and

                   Section 27 of the Arms Act.

                                   3.     As per the prosecution case, petitioner is

                   suspected in a case of murder of the deceased namely, Rishi

                   Kumar who had eloped with the daughter of the petitioners.

                                    4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case. It is next submitted that the
              Patna High Court CR. MISC. No.89786 of 2025(2) dt.04-02-2026
                                                          2/2




                        deceased namely Rishi Kumar had eloped with the daughter of the

                        petitioners and because of which the petitioners have been

                        implicated in this false case.

                                         5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioners.

                                        6. Considering the aforesaid facts, this application is

                        allowed.

                                     7. Let the petitioners, above named, in the event of their

                        arrest or surrender before the concerned Court below within four

                        weeks from today, be released on bail on furnishing bail bond of

                        Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned Judicial Magistrate 1 st Class,

                        Sitamarhi/ concerned Court below in connection with Sonbarsa

                        P.S. Case No. 262 of 2025, subject to the conditions laid down in

                        Section 438(2) of the Code of Criminal Procedure, 1973 / Section

                        482 of the BNSS subject to the following condition:-

                                                   (i) the petitioners after being released on bail
                                      are directed to co-operate in the trial either by
                                      appearing personally or through their lawyer in the
                                      Trial Court on each and every date fixed by the trial
                                      Court. Non-compliance of the condition will result in
                                      cancellation of the bail bonds of the petitioners.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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