Kunko Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Kunko Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory (pre-arrest) bail: in the event of arrest/surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.7,000/- with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, Bhagalpur, in Parbatta Police Station Case No. 119/2024, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Parbatta Police Station Case No. 119/2024 registered for the offence punishable under section 140(3) of the Bharatiya Nayay Sanhita, 2023, should be granted pre-arrest (anticipatory) bail.

Court's answer

Considering the facts of the case, the prayer for (pre-arrest) bail of the petitioner is allowed.

Ratio / Principle

In the event of arrest or surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.7,000/- with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, Bhagalpur, in Parbatta Police Station Case No. 119/2024, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Judicature at Patna (Prabhat Kumar Singh, J., 07-07-2026) — Kunko Devi, step-mother of the deceased Abhinandan Kumar, apprehended arrest in Parbatta P.S. Case No. 119/2024 (District Bhagalpur) registered for the offence punishable under section 140(3) of the Bharatiya Nayay Sanhita, 2023, arising from the taking away of the deceased on 06.07.2024 and subsequent recovery of his dead body. Counsel submitted that the petitioner was innocent, not named in the FIR, implicated amid a property dispute, possessed clean antecedents, and that similarly situated co-accused had already been granted bail by a co-ordinate bench in Cr.Mis.No. 504/2025; the State opposed the prayer. Considering the facts, the prayer for bail was allowed: on arrest/surrender within eight weeks, the petitioner to be enlarged on bail on a bail bond of Rs.7,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, Bhagalpur, subject to the conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84995 of 2025

Arising Out of PS. Case No.-119 Year-2024 Thana- PARBATTA District- Bhagalpur

======================================================

Kunko Devi W/o Rambilash Mandal @ Pokhri Mandal R/o Village - Pachasi, P.S - Ismailpur, District - Bhagalpur

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner/s : Mr.Pratyush Pratap Singh, Advocate For the Opposite Party/s : Mr.Abhay Kumar Roy, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

14 07-07-2026

Heard learned counsel for the parties.

Petitioner apprehends arrest in a case registered for

the offence punishable under section 140(3) of the Bharatiya Nayay Sanhita, 2023.

According to prosecution case, the informant alleged that her son, namely, Abhinandan Kumar (now, deceased) was residing at her paternal home from past 20 years. On 06.07.2024, at about 10:30 P.M one of her relatives, namely, Chotu Khapri came and took away her son and since then never returned home. Later on, his dead body was recovered from the road side.

It is submitted on behalf of the petitioner that this petitioner is innocent and has falsely been implicated in this case since she is step mother of the deceased and there was some property dispute between the deceased and other family

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members. Petitioner is not named in the FIR. Learned counsel submits that save and except suspicion, there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. Similarly situated co-accused have already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 504/2025. Petitioner claims clean antecedent.

Learned counsel for the State opposed the prayer for pre-arrest bail.

Considering the aforesaid facts of the case, prayer for bail of this petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let this petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.7,000/- (seven thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in Parbatta Police Station Case No. 119/2024, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

shashi/-

U T

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