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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5100 of 2026 Arising Out of PS. Case No.-338 Year-2018 Thana- DHAKA District- East Champaran ======================================================
1. Sunil Patel @ Sunil Raut S/o Dinesh Patel R/o Village - Naya Tola Dhaka, P.S - Dhaka, District - East Champaran
2. Kundal Patel @ Kundan Kumar S/o Ramchandra Patel R/o Village - Naya Tola Dhaka, P.S - Dhaka, District - East Champaran
3. Umesh Bhagat S/o Bineshawari Bhagat @ Bindeshwari Bhagat R/o Village - Naya Tola Dhaka, P.S - Dhaka, District - East Champaran
4. Shambhu Sah S/o Harikishor Sah R/o Village - Naya Tola Dhaka, P.S - Dhaka, District - East Champaran
5. Vinod Patel S/o Ramjad Patel R/o Village - Naya Tola Dhaka, P.S - Dhaka, District - East Champaran
6. Isha Mohammad S/o Hamid Alam @ Hamid Miya R/o Village - Naya Tola Dhaka, P.S - Dhaka, District - East Champaran
7. Washi Akhtar S/o Rahamat Miya @ Rahmat Hussain R/o Village - Naya Tola Dhaka, P.S - Dhaka, District - East Champaran
8. Md. Jalamudin @ Md. Jamaluddin S/o Isha Mahammad R/o Village - Naya Tola Dhaka, P.S - Dhaka, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State
2. The petitioner apprehends his arrest in connection with Dhaka P.S Case No. 338 of 2018 registered for the offences punishable under Sections 147, 149, 323, 504, 283, 427, 435, 353, 290, 291 of the Indian Penal Code. Patna High Court CR. MISC. No.5100 of 2026(2) dt.17-02-2026 2/3
3. As per the prosecution case, the petitioners are said to have kept the dead body of the deceased, Shobha Devi near Referral Hospital, Dhaka on Dhaka-Chiraiya main road and they have blocked the road and nuisance was being created there by them. It is also alleged that when the police personnel tried to pacify the matter, members of the mob including the petitioners attacked on the police personnel and raised slogans against them. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case.
According to the FIR, Shobha Devi was killed due to non-fulfillment of demand of dowry. It is further submitted that the petitioners were not present at the place of occurrence. It is further submitted that other co-accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No.16599 of 2019 and in Cr. Misc. No. 31185 of 2021. It is also submitted that the petitioners have got no criminal antecedent as stated in para 3 of the bail application. 5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner. 6. Taking into consideration the fact that similarly situated co-accused persons have already been granted
Patna High Court CR. MISC. No.5100 of 2026(2) dt.17-02-2026 3/3 anticipatory bail, let petitioners, above named, in the event of their arrest or surrender before the learned trial Court within six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dhaka, East Champaran in connection with Dhaka P.S. Case No.338 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Mayank/- (Ramesh Chand Malviya, J) U T