Dismissed¶23

Mintu Das v. The State of Bihar

Patna HC4 Nov 2025CR. MISC./39639/2025

Case brief

AI extract

What is this about?

Patna High Court CR. MISC. No.39639 of 2025, decided 04-11-2025 by Prabhat Kumar Singh, J. Anticipatory bail rejected; offences under Sections 103(1) and 3(5) of the B.N.S.; murder of informant's daughter; petitioners F.I.R.-named with specific accusation; eyewitness account by daughter of the deceased; post mortem - defence cited Asphyxia due to hanging, prosecution cited several abrasion marks; P.S. Case No. 347 of 2024, Thana Bhargama, District Araria; advocates: Madhav Jha (petitioners), Mohammad Sufyan APP (State), Kumar Prabhakar (informant). Key terms: anticipatory bail, rejection, murder, B.N.S. 103(1), B.N.S. 3(5), Araria, Bhargama.

What did the court decide?

The prayer for grant of anticipatory bail to the petitioners is rejected. ¶23

Mintu Das Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether anticipatory bail should be granted to the petitioners, who apprehend arrest in P.S. Case No. 347 of 2024 (Bhargama P.S., Araria) registered for offences punishable under Sections 103(1) and 3(5) of the B.N.S. for the alleged murder of the informant's daughter. +1 more

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Court's answer

The prayer for grant of anticipatory bail to the petitioners is rejected.

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Ratio / Principle

The rejection rests on the Court's consideration of the facts and circumstances of the case together with the specific and direct nature of the accusation against the petitioners.

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Detailed headnote1 paragraphs

Anticipatory bail - rejected (Patna High Court, Cr. Misc. No.39639 of 2025, order dated 04-11-2025, Prabhat Kumar Singh, J.). Four petitioners (Mintu Das, Mina Devi, Utim Lal Das @ Uttam Lal Das, Dhiren Das @ Dheerendra Kumar), all named in the F.I.R., apprehended arrest in P.S. Case No. 347 of 2024, P.S. Bhargama, District Araria, for offences punishable under Sections 103(1) and 3(5) of the B.N.S., arising from the alleged murder of the daughter of the informant. Defence submitted the petitioners were innocent, the parties were close-door neighbours and the case was false and concocted due to a petty dispute; according to defence, the deceased herself committed suicide, the post mortem showing cause of death as Asphyxia due to hanging; clean antecedents claimed. The State (APP Mohammad Sufyan) and the informant (Kumar Prabhakar) opposed, submitting the petitioners were named in the F.I.R. with specific accusation of killing, that the daughter of the deceased witnessed the entire occurrence and alleged assault by all accused as a result of which her mother died, and that the post mortem showed several abrasion marks on the body. Held: considering the facts and circumstances of the case and the specific and direct nature of accusation, the prayer for grant of anticipatory bail to the petitioners is rejected.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39639 of 2025

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Arising Out of PS. Case No.-347 Year-2024 Thana- BHARGAMA District- Araria

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Mintu Das Son of Late Prithwi Das R/O Village- Naya Bhargama ,Kedan Tola, Ward No- 03 ,P.S -Bhargama ,Dist- Araria

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Mina Devi W/o Mintu Das R/O Village- Naya Bhargama ,Kedan Tola, Ward No- 03 ,P.S -Bhargama ,Dist- Araria

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Utim Lal Das @ Uttam Lal Das Son of Mintu Das R/O Village- Naya Bhargama ,Kedan Tola, Ward No- 03 ,P.S -Bhargama ,Dist- Araria

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Dhiren Das @ Dheerendra Kumar Son of Mintu Das R/O Village- Naya Bhargama ,Kedan Tola, Ward No- 03 ,P.S -Bhargama ,Dist- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioners : Mr. Madhav Jha, Advocate For the State : Mr. Mohammad Sufyan, APP For the Informant : Mr. Kumar Prabhakar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 04-11-2025 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel for the informant.

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The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 103(1) and 3(5) of the B.N.S..

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Patna High Court CR. MISC. No.39639 of 2025(4) dt.04-11-2025 2/3

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As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, committed murder of daughter of informant.

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It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Both parties are close door neighbors and due to petty dispute, this false and concocted case has been lodged. As a matter of fact, the deceased herself committed suicide. The post mortem report also goes to show that the cause of death is Asphyxia due to hanging. Petitioners claim clean antecedents.

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On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they, along with other accused persons, killed the daughter of informant. Daughter of the deceased has witnessed the entire occurrence and has alleged that all the accused persons, including these petitioners, committed assault as a result of which her mother died. Bare perusal of the post mortem report goes to show that several abrasion marks were there on the body of the deceased.

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Patna High Court CR. MISC. No.39639 of 2025(4) dt.04-11-2025 3/3

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