IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49051 of 2025 Arising Out of PS. Case No.-236 Year-2021 Thana- GAURICHAK District- Patna ====================================================== 1. Upendra Prasad S/o Late Keshav Mahto R/o Village- Mahmada, PS- Gaurichak, District- Patna 2. Nitish Kumar @ Nitish Prasad S/o Late Satyendra Mahto R/o Village- Mahmada, PS- Gaurichak, District- Patna 3. Sunita Devi W/o Late Satyendra Mahto R/o Village- Mahmada, PS- Gaurichak, District- Patna 4. Shankar Kumar S/o Upendra Prasad R/o Village- Mahmada, PS- Gaurichak, District- Patna 5. Sangeeta Devi W/o Upendra Prasad R/o Village- Mahmada, PS- Gaurichak, District- Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. Ajay Prasad S/o Mahendra Prasad R/o vill - Jaffarpur, P.S.- Telhara, Distt.- Nalanda ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhukar Anand, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 15-09-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. 3. As per prosecution case, on 06.06.2021 at around 8:30 AM, wife of the informant went to her sister’s house for giving her Rs. 20,000/- and on 07.06.2021, informant received Patna High Court CR. MISC. No.49051 of 2025(3) dt.15-09-2025 2/3 information that all the F.I.R. named accused persons including these petitioners killed his wife. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. F.I.R. has been lodged after inordinate delay of fourteen days and informant has not disclosed as to how he came to know about involvement of these petitioners in the alleged offence which itself raises doubt over veracity of the prosecution case. Informant is not an eye witness of the occurrence and only suspicion has been raised against these petitioners. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the nature of accusation, delay in lodging the F.I.R. and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, 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 Additional Chief Judicial Magistrate-II, Patna City in connection with Gaurichak P. S. Case No. 236 of 2021, subject Patna High Court CR. MISC. No.49051 of 2025(3) dt.15-09-2025 3/3 to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T