Patna High Court
Bhushan Pandey @ Santh Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
Petitioners Bhushan Pandey and Rita Devi applied for anticipatory bail in a case (Chakia Police Station Case No. 567 of 2025) alleging murder of the informant’s daughter under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners, along with other accused, had assaulted and later murdered the daughter, though the case had earlier been settled between the co‑accused and the informant’s daughter. The petitioners contended they had no involvement, that the allegations were vague, and highlighted that other relatives (father‑in‑law and mother‑in‑law of the deceased) had already been granted anticipatory bail. The court noted the petitioners’ familial relationship (brother‑in‑law and sister‑in‑law), the pending post‑mortem, and the fact that the husband of the deceased was already in jail. Considering these factors, the court inclined to grant anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations against the petitioners constitute sufficient ground to deny anticipatory bail.
- Whether the grant of anticipatory bail to other family members influences the decision for the petitioners.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 482(2)
Subjects
- anticipatory bail
- murder
- Bharatiya Nyaya Sanhita
- Section 482
- family relations
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9386 of 2026
Arising Out of PS. Case No.-567 Year-2025 Thana- CHAKIA District- East Champaran
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1. Bhushan Pandey @ Santh Kumar Pandey S/o Sri Bachcha Pandey R/o vill -
Bansghat, Tola - Dharampur, ward no. 12, P.s.- Chakia, Dist.- East
Champaran
2. Rita Devi W/o Bhushan Pandey @ Santh Kumar Pandey Pandey R/o vill -
Bansghat, Tola - Dharampur, ward no. 12, P.s.- Chakia, Dist.- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail, arises
out of Chakia Police Station Case No. 567 of 2025, disclosing
offence under Sections 103(1) and 3(5) of Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the marriage of the
informant’s daughter was solemnized with co-accused Awinash
Kumar about 10 years ago. It has further been alleged that after
some time, the accused persons, including the petitioners,
started torturing the deceased, and the matter was subsequently
settled between the parties. About two months prior to the date
Patna High Court CR. MISC. No.9386 of 2026(2) dt.12-03-2026
2/3
of occurrence, the accused persons assaulted the informant’s
daughter, and information in this regard was given to the Chakia
Police Station. Thereafter, co-accused Awinash Kumar and the
informant’s daughter compromised the case. On 06.11.2025, in
the morning, the informant received information that the
petitioners along with other accused persons had committed the
murder of the informant’s daughter.
4. Learned counsel for the petitioners submits that the
petitioners have not committed any offence in the manner
alleged and have falsely been implicated in the present case.
Petitioner no. 1 is the elder brother-in-law (bhaisur) of the
deceased and petitioner no. 2 is the sister-in-law (gotni) of the
deceased. The allegation against the petitioners is general and
omnibus in nature. It is further submitted that the petitioners are
residing separately and have no concern with the family affairs
of the co-accused Awinash Kumar and his wife. The father-in-
law and mother-in-law of the deceased have already been
granted anticipatory bail by a Co-ordinate Bench of this Hon’ble
Court vide order dated 24.02.2026 passed in Cr. Misc. No. 9671
of 2026. It is also submitted that the cause of death has not yet
been ascertained as per the post-mortem report and the viscera
has been preserved for F.S.L. examination.
Patna High Court CR. MISC. No.9386 of 2026(2) dt.12-03-2026
3/3
5. Regard being had to the submissions made by the
parties and taking into consideration the fact that the petitioners
are the brother-in-law (bhaisur) and sister-in-law (gotni) of the
deceased, and father-in-law and mother-in-law of the deceased,
have already been granted anticipatory bail and as per the
information, the husband of the deceased is in jail, I am inclined
to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, 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 learned Chief Judicial
Magistrate, East Champaran, Motihari, in connection with
Chakia Police Station Case No. 567 of 2025, subject to the
condition laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
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