Patna High Court Grants Anticipatory Bail in Case of Alleged Murder Amidst Counter Allegations

Court emphasizes careful consideration of circumstances despite proceedings under Sections 82 and 83 CrPC/Bharatiya Nagarik Suraksha Sanhita, 2023

News Report:

In a significant judgment delivered on August 27, 2025, the Patna High Court granted anticipatory bail to Mangali Devi @ Mangari Devi and others, who were apprehending arrest in connection with the Manjhi PS Case No. 379 of 2024. This case involved allegations of serious offenses, including the murder of the informant's mother, which reportedly occurred after an assault by the petitioners using an iron rod, knife, and spade.

The case, which has seen accusations and counter-accusations between the petitioners and the informant's family, was presided over by Justice Jitendra Kumar. The petitioners contended their innocence, claiming they were falsely implicated, with the allegations being general and non-specific. They also highlighted their clean antecedents and the initiation of proceedings under Sections 82 and 83 CrPC, corresponding to Sections 84 and 85 of the Bharatiya Nagarik Suraksha Sanhita, 2023, during the pendency of their anticipatory bail petition.

The State, represented by the Additional Public Prosecutor, opposed the bail plea, arguing that the petitioners had been declared absconders and their property attached. The gravity of the allegations was corroborated by the postmortem report, indicating the deceased died due to shock and hemorrhage caused by a hard and blunt substance.

Justice Kumar, while acknowledging the proceedings under Sections 82 and 83, emphasized that anticipatory bail can be maintained even in such circumstances. He underscored the necessity for courts to weigh the facts and circumstances carefully, including the nature of the allegations, evidence, and the conduct of the accused.

The Court noted the simultaneous case filed by the accused side against the informant, which occurred on the same day of the alleged incident. The petitioners' side alleged attempts to murder, highlighting injuries sustained during the altercation, including fractures and head injuries. Justice Kumar concluded that the petitioners could not be deemed to be evading arrest as proceedings under Sections 82 and 83 were initiated during their anticipatory bail petition pendency.

Ultimately, the Court granted anticipatory bail to the petitioners, directing them to surrender within eight weeks and furnish bail bonds, subject to conditions regarding antecedents and previous bail petitions. The judgment marks a crucial interpretation of anticipatory bail provisions amidst ongoing legal reforms in India.

Bottom Line:

Anticipatory bail can be considered even in cases where proceedings under Sections 82 and 83 Cr.PC (or corresponding Sections 84 and 85 of Bharatiya Nagarik Suraksha Sanhita, 2023) have been initiated, but it depends on the facts and circumstances of the case, including the nature of allegations and evidence available. 

Statutory provision(s): Sections 82, 83, 438 CrPC, Sections 84, 85, 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023

Mangali Devi @ Mangari Devi v. State of Bihar, (Patna) : Law Finder Doc Id # 2769635