Subash Prasad @ Subash Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65832 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- THAWE District- Gopalganj ====================================================== 1.
Subash Prasad @ Subash Bhagat S/o Late Dindayal Prasad @ Dindayal Bhagat R/o Village- Goniyar, PS- Thawe, District- Gopalganj 2.
Abhimanyu Prasad @ Abhimanyu Kumar S/o Subash Prasad @ Subash Bhagat R/o Village- Goniyar, PS- Thawe, District- Gopalganj 3.
Laljhari Devi W/o Late Dindayal Prasad @ Dindayal Bhagat R/o VillageGoniyar, PS- Thawe, District- Gopalganj 4.
Shobha Devi W/o Subash Prasad @ Subash Bhagat R/o Village- Goniyar, PS- Thawe, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Vyas Kumar Mishra, Advocate For the State :
Mr. Bhanu Pratap Singh, APP For the Informant :
Md. Ejaz Akhter, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2026 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 103 and 3(5) of the B.N.S..
3. As per prosecution case, daughter of informant was married to co-accused Raghav Prasad and after the marriage, she was subjected to cruelty and harassment by the accused persons for being issueless and ultimately, due to this reason,
Patna High Court CR. MISC. No.65832 of 2025(4) dt.16-01-2026 2/3 she was killed by the accused persons.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case merely because Petitioner No. 1 happens to be elder brother-in-law (Bhaisur), Petitioner No. 2 is nephew, Petitioner No. 3 is mother-in-law and Petitioner No. 4 is sisterin-law of the deceased. Petitioners are separate in mess and property and have got no concern with the affairs of the deceased and her husband. Informant is not an eye witness of the alleged occurrence. Thrust of accusation is against husband of deceased who is already in custody since 10.11.2025. Similarly situated co-accused person has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 20.11.2025 passed in Cr. Misc. No. 57923 of 2025. Petitioners claim clean antecedents.
5. 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.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioners, the prayer for
Patna High Court CR. MISC. No.65832 of 2025(4) dt.16-01-2026 3/3 grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged 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, Gopalganj in connection with Thawe P.S. Case No. 123 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T