Ramswarup Prasad Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38494 of 2026 Arising Out of PS. Case No.-477 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
Ramswarup Prasad Kushwaha S/o Raman Prasad R/o vill - Konawa, P.S.- Kotwa, Distt.- East Champaran 2.
Pankaj Kumar @ Pawan Kumar S/o Ramswarup Prasad Kushwaha R/o vill - Konawa, P.S.- Kotwa, Distt.- East Champaran 3.
Pramila Devi W/o Ramswarup Prasad Kushwaha R/o vill - Konawa, P.S.- Kotwa, Distt.- East Champaran 4.
Ranima Kumari D/o Ramswarup Prasad Kushwaha R/o vill - Konawa, P.S.- Kotwa, Distt.- East Champaran 5.
Satendra Prasad S/o Jagarnath Prasad R/o vill - Kalyanpur, P.S.- Kotwa, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhandev Kumar, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 23-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out of Sangrampur P.S. Case No. 477 of 2025 for the offences punishable under Sections 103(1), 3(5) of the B.N.S.
3. As per the allegation, the informant's son namely Sanjeet Kumar was married with petitioner no. 4 about two years ago while the son of the informant used to reside in his inlaws house. It has been alleged that on 09.12.2025 at about 8:00
Patna High Court CR. MISC. No.38494 of 2026(3) dt.23-07-2026 2/3 AM, the petitioners brought the dead body of Sanjeet Kumar to the informant's house and stated that his death was caused by illness, but the informant claimed that the co-accused persons had committed murder of the deceased son of the informant by administering somewhat wrong medicine.
4. Learned counsel for the petitioners has submitted that the petitioner no. 1 is father-in-law of the deceased while petitioners no. 2, 3, 4 and 5 are brother-in-law, mother-in-law, wife and distant relative of petitioner no.1, respectively, and they have been falsely implicated in this case. It has further been submitted that no external or internal injuries were found on the person of the deceased by the autopsy surgeon, the viscera was kept preserved and the cause of death was kept pending awaiting report of viscera. Learned counsel for the petitioners has further referred to the examination of witnesses in paragraph 55 and 56 of the case diary, who happens to be the residents of the village of the informant, and has submitted that they have categorically stated that the deceased was suffering from a serious disease and the deceased died because of his illness and when the in-laws came to the house of the informant, a quarrel intervened and subsequently, the present F.I.R. came to be lodged. It has further been submitted that the allegation that the
Patna High Court CR. MISC. No.38494 of 2026(3) dt.23-07-2026 3/3 deceased was staying at his in-laws' house and they threw the dead body of the deceased on the doorsteps of the informant is completely contradictory to the statement of witnesses. It has lastly been submitted that the petitioners no. 1 and 3 were made accused in one another case, which is not of similar nature and petitioners no. 2,4 and 5 have got no criminal antecedent.
5. Learned counsel for the State opposed the prayer of anticipatory bail of the petitioners.
6. Heard the parties and perused the record. Considering the facts and circumstances as well as nature of materials against the petitioners, let the petitioners above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 J.M.F.C. East Champaran, in connection with Sangrampur P.S. Case No. 477 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
(Praveen Kumar, J) Abdus/- U T