Created by Fuzzy Cloud

Patna High Court

Bhushan Pandey @ Santh Kumar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.