Patna High Court
Madhavi Kumari @ Guriya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, directing release upon bail bond and sureties.
Summary
The petitioners, Madhavi Kumari and Aman Kumar, sought anticipatory bail fearing arrest in Teghra P.S. Case No. 50 of 2025, which alleged offences under several sections of the B.N.S. The prosecution alleged they assaulted an informant's husband, while the petitioners claimed innocence and alleged false implication. The State opposed the bail, citing the seriousness of the charges. The court examined the petitioners' antecedents, noting one clean record and one prior criminal case, and considered the nature of the allegations. Applying Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the B.N.S., the court allowed the anticipatory bail, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties each, subject to conditions. The order was made for release within four weeks of any arrest or surrender before the lower court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged offences under the B.N.S.
- Whether the petitioners pose a flight risk or threat to the investigation warranting denial of bail
- Whether the prior criminal antecedent of one petitioner affects the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482
- Bihar High Court
- criminal procedure
- bail bond
- offences under B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91013 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
1. Madhavi Kumari @ Guriya Kumar W/o Nitesh kumar, D/o Hare Krishana
Mahato @ Harekrishan Mahato R/o Station Road, Teghra Nagar Parishad,
Teghra ward no. 6, P.S.- Teghra, Distt.- Begusarai
2. Aman Kumar S/o Dilip Kumar @ Dilip Mahto R/o Station Road, Teghra
Nagar Parishad, Teghra ward no. 6, P.S.- Teghra, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Prabhat, Advocate
For the Opposite Party/s : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Teghra P.S. Case No. 50 of 2025 registered for
the offence under Sections 126(2), 115(2), 109(1), 303(2), 352,
351(2), 3(5) of B.N.S.
3. As per the prosecution case, accused persons
assaulted the informant’s husband.
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
petitioners are relatives of the daughter-in-law of the informant.
Patna High Court CR. MISC. No.91013 of 2025(2) dt.28-01-2026
2/2
Petitioner no. 1 has clean antecedent and petitioner no. 2 has
one criminal antecedent.
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) each with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Begusarai/ concerned Court below in connection withTeghra
P.S. Case No. 50 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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