Patna High Court
Priti Kumar @ Priti KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- B.N.S. — s. 103(1), 3(5), 482, 61
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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