Supreme Court stays order by Justice Sandeep Kumar in a family dispute case

In Chandramohan Kumar & Anr. vs. 1. The State of Bihar & Anr. (2026), Supreme Court's Division Bench of Justices S.V.N. Bhatti and Atul S. Chandurkar passed a 2-page long order dated June 16, 2026. The order reads: "4. The condition imposed by the impugned order is stayed until further orders, subject to the petitioner depositing or paying Rs. 25,000/- (Rupees Twenty Five Thousand only) to the respondent No. 2 within two weeks from today towards legal expenses for the present case." The respondent no. 2 is Aarti Kumari. Justice Sandeep Kumar of Patna High Court had passed the 3-page long impugned order dated February 17, 2026.  

Earlier, Justice Kumar had concluded; "6. Considering the submission of the parties and in view of the law laid down by the Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, this application of grant of anticipatory bail is allowed." He added: "7. Let the petitioners, above named, in the event of their arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, East Muzaffarpur/ concerned court below in connection with Minapur Case No. 117 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/ Section 482 of the BNSS. 8. As a condition of this order, the petitioner is directed to pay a maintenance amount of Rs. 6,000/- from the month of February, 2026 to the informant and the maintenance for the month of February, 2026 shall be paid to the informant within one week from the date of pronouncement of this order and thereafter, the maintenance amount shall be paid to the informant every month before the 10th day of the month." 

Justice Kumar made it clear that the order of maintenance passed by the High Court shall be subject to the outcome of maintenance case of the Court of Principal Judge, Family Court concerned, if any.

The petitioners had approached the High Court apprehending their arrest in connection with Minapur P.S Case No.117 of 2025 registered for the offence under sections 126(2),115 (2), 109, 85, 352, 351(2), 351(3), 3(5) of BNS. 3. As per the prosecution case, the petitioners were husband and devar of the informant. It was alleged that the petitioners and other family members started demanding Rs, 3 lakh and one motorycle. The counsel for the petitioners had submitted that the petitioners were innocent and they were falsely implicated in this case. There was no specific allegation against the petitioners. The petitioners have got clean antecedent. 

  

Supreme Court reverses denial of reguar bail order by Justice Sandeep Kumar in a POCSO case

In Madhav @ Madho Kumar vs. 1. The State of Bihar & Anr. (2026), Supreme Court's Division Bench of Justices J.K. Maheshwari and Atul S. Chandurkar passed 3-page long order dated May 13, 2026, wherein, it concluded:"2. After hearing learned counsel for the parties, and considering the delay in lodging the FIR and as alleged, the story of political rivalry has been contemplated, in addition, taking note of the fact that the medical evidence do not corroborate with the allegation, at present, without expressing any opinion on the merits of the case, we deem it appropriate to release the petitioner on bail. 3. Accordingly, we direct that the petitioner be released on bail on furnishing the suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the trial Court. 4. Petitioner to abide all the conditions as imposed and shall regularly attend the trial until exempted by the Court. Violation, if any, may give a cause to take recourse as permissible and the trial Court is at liberty to do the needful."

The petitioner had approached the Supreme Court to seek bail against an order rejecting the regular bail by Justice Sandeep Kumar of Patna High Court. The petitioner is in custody w.e.f. March 30, 2025 in connection with a FIR dated March 29, 2025 for the offences punishable under Sections 64, 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) registered with Police Station Paharpur, District Motihari, Bihar. Prior to this Justice Ashok Kumar Pandey had called for case diary along with the statement of the victim recorded under Section 183 of the BNSS from the Court of 6th District & Additional Sessions Judge-cum-Exclusive Special Judge, POCSO Act, East Champaran, Motihari by his order dated September 3, 2025.

Earlier, Justice Kumar had passed a 2-page long order dated October 15, 2025. The application for grant of regular bail, wherein, the petitioner was accused of committing rape with a minor girl. The counsel for the informant had submitted that the trial had started and in the trial the informant and the victim had already been examined and they had supported the prosecution case. Justice Kumar had concluded: "5. Considering the aforesaid facts and also the law laid down by the Hon’ble Supreme Court in the case of X
vs. State of Rajasthan and Anr. reported in 2024 SCC OnLine SC 3539, I am not inclined to grant bail to the petitioner Accordingly, this bail application is rejected." Supreme Court has reversed this order. 

Supreme Court reverses conditional pre-arrest bail order by Justice Purnendu Singh in a rape case, vindicates bail order by Justice Satyavrat Verma

In Ghutuk Miyan @ Ismail Miyan vs. The State of Bihar & Anr. (2026), Supreme Court's 3-Judge Bench of Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi passed a 3-page order dated May 13, 2026, wherein, it reversed the conditional order dated April 28, 2026 by Justice Purnendu Singh of Patna High Court. It issued notice and concluded: "By way of an ad interim order, in the event of arrest, the petitioner be released on bail in connection with P.S. Case No. 192 of 2025 registered SLP (Crl.) No(s). 8811/2026  at Police Station Gopalpur, District West Champaran, Bihar...." The respondent no. 2 from village, Mahesda, Gopalpur, West Champaranis is not named because it is a rape case. The Court's order vindicates the order dated March 12, 2026 by Justice Satyavrat Verma. 

Earlier, Justice Singh had passed an order wherein, he had observed:"7. Having heard the rival  submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, from the manner in which the entire story has been narrated, it appears to be shaky to the extent that learned counsel appearing on behalf of the petitioner has rightly submitted that no one can carry a female in his lap without her desire. No force was applied by the informant, however, the informant has supported the allegation made in the FIR, in her statement recorded under Section 183 of the BNSS and the same is also supported by the 11 years old child in his statement recorded under Section 180 of the BNSS before the Investigating Officer." 

The order reads: "8. In such circumstances, I direct the learned District Court to first get the statement of the 11 years old child of the informant recorded under Section 183 of the BNSS by a child friendly Court and if the learned District Court finds that the 11 years old child of the informant has not supported the allegation as alleged in the FIR, then in that case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Gopalpur P.S. Case No. 192 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS. 9. If the child supports the allegations made in the FIR, in his statement recorded under Section 183 of the BNSS, then in that case, the petitioner is directed to be taken into custody forthwith. 10. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically." 

The petitioner had approached the High Court seeking pre-arrest bail in connection with Gopalpur P.S. Case No. 192 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 64, 351(2), 352 and 3(5) of the BNS. According to the allegation made in the FIR, the petitioner had allegedly committed rape upon the informant while her husband was not present in the house. The rape was allegedly committed in presence of her 11 years old son. The counsel appearing on behalf of the petitioner had submitted that the manner in which the allegation was narrated, itself makes the allegation of commission of rape doubtful as it is the case of the informant that she was taken into lap and, thereafter, without having resisted to the same act of the petitioner, she was taken to another room where the rape was committed in presence of her 11 years old son, who supported the prosecution case along with the victim, who was the informant of the case. She also submitted that the victim was examined by the doctor and the doctor opined that there was no trace of any recent sexual assault having been committed. She submitted that Rs 70, 000 of the petitioner was due with the informant and in order to avoid payment of the same, the informant lodged the FIR. She had also submitted that on these grounds, co-ordinate Bench of the High Court had granted interim relief to the petitioner and, as such, in absence of any evidence, the petitioner deserve to be released on pre-arrest bail.

The counsel appearing on behalf of the informant, referred to the impugned order of the District Court, submitted that enough evidences have been collected in course of investigation and the petitioner having taken advantage of the absence of the husband of the informant, had committed rape, which was in presence of her 11 years old son and the statement of her son was also recorded under Section 180 of the BNSS before the Investigating Officer, in which, he supported the prosecution story. He also  submitted that it was not a case of tutoring of the 11 years old child, who is innocent and his version is required to be given emphasis, particularly, in case where rape is committed. He submitted that the petitioner had not taken any plea that the child was tutored and narrated a false story under Section 180 of the BNSS before the Investigating Officer. He also submitted that evidence was there, which suggested that the petitioner had committed rape upon the victim, who is the informant. He had vehemently opposed the prayer for grant of pre-arrest bail.

Prior to this Justice Satyavrat Verma had passed an order dated March 12, 2026. The case arose from a Gopalpur P.S. Case of 2025 from the Court of Arvind Kumar Gupta, learned Exclusive Special Judge Rape and POCSO Act, Bettiah, West Champaran. The order reads: "4. There shall be no coercive action against the petitioner until the anticipatory bail application is finally adjudicated by this Court, as it has been submitted by the learned counsel appearing on behalf of the petitioner that petitioner is a person with clean antecedent and from perusal of the allegation as alleged in the FIR, it would manifest that petitioner and the informant were in a consensual relationship and when the child of the informant woke up, the petitioner fled and thereafter the instant FIR came to be instituted after a delay of six days. It is also submitted that the informant in the FIR alleges that after making her children sleep, she also went to sleep without locking the door and petitioner taking advantage of the same entered the house and came to her room, lifted her in his arms and brought her in another room and on the point of knife threatened and raped her. It is submitted that it does not appear probable that petitioner would have been knowing that the door was unlocked on the date of occurrence, this fact also creates a suspicion that petitioner and the informant were in a consensual relationship."

Supreme Court grants pre-arrest bail, Justice Ansul of Patna High Court had rejected anticipatory bail application

In Babita Devi @ Babita Kumari vs.The State of Bihar (2026), Supreme Court's Division Bench of Justices K.V. Viswanathan and S.V.N. Bhatti passed a 2-page long order dated May 4, 2026, wherein, concluded:"Till the next date of hearing, in the event of arrest, the petitioner shall be released on pre-arrest bail in connection with FIR No.58/2026 registered with Bharahi/Bharrahi Police Station, District Madhepura, Bihar, for the offences punishable under Sections 316(2), 318(4), 352 and 351(2) & (3) of the Bharatiya Nyaya Sanhita, 2023, subject to the satisfaction of the concerned Investigating Officer....6. However, we also make it clear that being the dispute between the mother-in-law on the one side and son and daughter-in-law on the other side, an attempt should be made to amicably resolve the matter." The matter will be called again on May 25, 2026. 

The Court observed: "2. Considering that the dispute is within the family where the complainant is the mother-in-law and the accused persons are son and daughter-in-law, we are inclined to consider the matter."

Prior to this in Navin Kumar & Anr. vs. The State of Bihar (2026), Justice Ansul of the Patna High Court had heard the anticipatory bail application of the petitioner who had approached the High Court apprehending their arrest in Bharrahi P.S. Case. The petitioner no. 2 was Babita Devi @ Babita Kumari 2. The mother had alleged that the son had manipulated signatures of parties and had got the land registered in his wife’s name. In his order dated April 22, 2026, Justice Ansul had observed:"4. Considering such inhuman conduct of the petitioners, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. 5. Accordingly, the prayer for anticipatory bail is rejected."

Supreme Court reverses Justice Prabhat Kumar Singh's order in a POCSO case, grants protection from arrest

In Nitish Singh @ Nitish Kumar Singh vs. The State of Bihar & Anr. (2026), Supreme Court's Division Bench of Justices Prashant Kumar Mishra and N.V. Anjaria passed a 2-page long order dated May 4, 2026, wherein, it issued notice and directed that in the meanwhile, "petitioner shall not be arrested in connection with FIR No. 141/2025 registered with Police Station-Isuapur, District-Saran, Patna subject to petitioner diligently co-operating with the investigation/ trial." The respondent no. 2 is Pooja Devi, wife of Ajay Dubey, Nawada, Isuapur, Saran. The petitioner's counsel submitted that the petitioner’s mother had lodged a complaint against the opposite party on June 12, 2025 and thereafter, as a counter blast, the present FIR was lodged on July 23, 2025 alleging sexual assault but, there is no allegation of penetrative sexual assault.

Earlier, Justice Prabhat Kumar Singh of Patna High Court had passed an order dated February 2, 2026, wherein, he concluded:"5 . Considering the nature of accusation , statement of the victim recorded under section 183 BNSS and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected."upon hearing the application of the petitioner who apprehended arrest in a case registered for the offence punishable under section Section 115 (2), 126 (2), 65 (2), 351 (2), 352, 3 (5) of BNS,  4/8, POCSO Act. As per F.I.R. petitioner was alleged to have misbehaved with the minor daughter of informant and had also touched her private parts. The victim in her statement recorded under Section 183 of BNSS supported the prosecution case.

Supreme Court re-affirms interim relief to petitioners in a case from Benibad, Muzaffarpur

In Jitendra Kumar Rai & Anr. vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices J.B.Pardiwala and Vijay Bishnoi passed a 3-page long order dated April 20, 2026, wherein, it allowed the exemption applications. The Court observed:"8. It is very unfortunate that the FIR of 2024 is still under investigation. 9. Post this matter after two weeks. 10. On the next date of hearing, the learned counsel appearing for the State shall inform us how well the petitioners have cooperated in the investigation. 11. Interim order earlier granted to continue." 

On February 10, 2026, the Court had passed the following order: “Delay condoned. Learned counsel for the petitioners submitted that there was some dispute between the neighbours in which both sides sustained injuries. Issue notice to the respondents returnable on 20.04.2026. Mr. Manish Kumar, learned Advocate-on-Record accepts notice on behalf of the respondent/State. In the meantime, in the event of arrest, the petitioners shall be released on bail on furnishing bail bonds to the satisfaction of the Arresting Officer in connection with FIR bearing Case No. 66 of 2024 dated 23.09.2024 registered at Police Station Benibad, District Muzaffarpur. Needless to add that the petitioners shall cooperate with the investigation.”

The counsel appearing for the petitioners submitted that they were not called by the investigating officer. She submitted that they are ready and willing to appear before the investigating officer on any day as may be directed for the purpose of recording of their statements and interrogation.

The Court's order reads: "6. We direct the petitioners to appear before the investigating officer on 23rd April, 2026 without fail. 7. On that date, the investigating officer shall record the statements and interrogate the petitioners."The counsel appearing for the State had submitted that "the petitioners have not appeared before the investigating officer for the purpose of their interrogation."   

The case arose out of a 4-page long order dated September 1, 2025 in Phulo Devi & Ors.vs. The State of Bihar (2025) passed by Justice Rajiv Roy of the Patna High Court. The other petitioners were: Jitendra Rai and Kamod Kumar. In the High Court, the counsel for the petitioners were: Late Vaishnavi Singh and Late Ritwik Thakur. 

As per the prosecution story, the informant on September 9, 2024, when the sister-in-law, Shama Devi was out to attend nature’s call, the accused persons intercepted and made comments. As she raised alarm, subsequently informed the family members, allegation is that the accused persons armed variously came and after abuse, the assault. Jitendra Rai and Kamod Kumar assaulted with farsa and rod causing injury on the head and the right hand. Phulo Rai and Ranjeet Kumar assaulted Mithilesh Rai with iron rod on the head while Phulo Devi assaulted the mother of the informant causing injury on the back. Phulo Devi also assaulted his mother. Besides this, there was allegation of taking away the amount, they resorted to dial 112 whereafter they were shifted to SKMCH, Muzaffarpur for treatment. The counsel for the petitioner had submitted that there was case and counter case, both being side by side, the accused side had also suffered and subsequent statement before the police during the investigation was of omnibus in nature save and except Jitendra Rai. The petitioners had no criminal antecedent.

Supreme Court takes note of allegations "against some of the police officers of trying to coerce the petitioner" in a matrimonial case from Naugachhiya, Bhagalpur

In Amit Kumar Hari @ Amit Kumar Abhimanyu vs. The State of Bihar Bihar & Anr. (2026), Supreme Court's Division Bench of Justices Ahsanuddin Amanullah and R. Mahadevan passed a 3-page long order dated February 26, 2026, wherein, it observed:".....we notice that certain allegations have been made against some of the police officers of trying to coerce the petitioner even after the order dated 25.11.2025 passed by this Court extending the interim protection granted by the High Court to the petitioner, due to which, the petitioner has filed a complaint bearing M.P. No.264 of 2026 against those police officers before the learned CJM, Purnia. We further note that the said Court has also issued notice in the said petition. The said Court has also asked for a report from the concerned police, which is awaited. 4. Be that as it may, let the concerned Superintendent of Police applied with the aforesaid order of the learned CJM, Purnia without any delay. Thereafter, the learned CJM, Purnia shall take a call in accordance with law. 5. Learned counsel for the respondent no.1-State of Bihar shall communicate the present order to the Trial Court. 6. A copy of this order be also sent to the learned CJM, Purnia." The Respondent no. 2 is Palak Kumari @ Pallawi Kumari. 

Prior to this order, the Supreme Court had passed an order dated November 25, 2025, when the parties were sent to mediation initially, there was lack of cooperation on the side of the petitioner. However, later on, he did participate, but the mediation ultimately failed. The Court went into the merits of the matter. The Court found that no case for anticipatory bail was made out. Accordingly, the Special Leave Petition stands dismissed. The order of the Court dated November 25, 2025 for continuation of the interim protection granted to the petitioner by the High Court vide the impugned order dated September 24, 2025 stands vacated. 

The case arose out of impugned final 4-page long order dated September 24, 2025 passed by Justice Purnendu Singh of the Patna High Court. The petitioner had approached the High Court apprehending his arrest in connection with Naugachhiya P.S. Case No. 33 of 2025 registered under Sections 85,115(2),126(2),352,3(5) of the BNS and Sections 3,4 of the DP Act. As per the allegation made in the FIR, the petitioner along with other family members had assaulted the informant due to non-fulfillment of demand of dowry. 

Justice Singh had recorded and observed that "the parties have failed to settle the matrimonial dispute, the Court till last minute must strive to give opportunity to the parties to settle the dispute between the husband and wife amicably. The matrimonial dispute is not an offense against the society rather a matrimonial dispute is a private conflict between spouses and does not inherently constitute an offence against society. However, a false case can have a disastrous consequence in absence of any criminal content. The personal dispute cannot call for a criminal offence. Continuation of the proceeding would amount to abuse of process of law leading to vexatious proceeding against the petitioner."

Justice Singh drew on Supreme Court's decision in B.S. Joshi vs. State of Haryana, reported in, (2003) 4 SCC 675, in paragraph nos. 12 and 13 wherein it held as under:-
“ 12. The special features in such matrimonial matters are evident. It becomes the duty of the court to encourage genuine settlements of matrimonial disputes. 13. The observations made by this Court, though in a slightly different context, in G.V. Rao v. L.H.V. Prasad [(2000) 3 SCC 693 : 2000 SCC (Cri) 733] are very apt for determining the approach required to be kept in view in a matrimonial dispute by the courts. It was said that there has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their “young” days in chasing their “cases” in different courts.

Supreme Court sets aside order by Justice Rajesh Kumar Verma because of committing "an egregious error" in exercising his discretion in favour of murder accused persons by granting anticipatory bail

In Ramakant Singh vs. State of Bihar & Ors. (2026), Supreme Court's Division Bench of Justices J.B. Pardiwala and K.V. Viswanathan passed an order dated February 11,  2026, wherein, it set aside the impugned order by Justice Rajesh Kumar Verma of the Patna High Court. The accused persons i.e. Respondent Nos.2 and 3, Omprakash Singh and Rajneesh Kumar Singh @Aman Kumar @Aman Singh respectively were ordered to surrender before the Trial Court within a period of one week from February 11, 2026.

Supreme Court' s Division Bench observed: "17. In the overall view of the matter, we are convinced that the High Court committed an egregious error exercising its discretion in favour of the accused persons by granting them anticipatory bail. 18. In the result, this appeal succeeds and is hereby allowed. 19. The impugned Order passed by the High Court is set aside....21. Once they surrender before the Trial Court, they shall be remanded to judicial custody. It will be open for both the accused persons to thereafter pray for regular bail. 22. We are informed that the investigation is over and charge- sheet has been filed. 23. The regular bail application that may be filed by the accused persons shall be considered on its own merits in accordance with law, having regard to the materials in the charge-sheet. 24. It is needless to clarify that the regular bail application shall be decided without being influenced by any of the observation made by us in the present order. We have said in so many words that the principles governing grant of anticipatory bail differ to a considerable extent from the principles governing grant of regular bail. This shall be kept in mind by the concerned Court while considering the regular bail application of the accused persons."

This appeal arose  from the Order passed by the High Court dated July 30, 2025 by which the anticipatory bail application was preferred by the Respondent Nos.2 and 3 in connection with Bishanpur Police Station Case No.14 of 2025 registered on 27-1-2025 for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the Bharatiya Nyay Sanhita respectively. Later, in point of time as the injured succumbed to the injuries, Section 103(1) of the BNS, 2023 (erstwhile Section 302 of the Indian Penal Code came to be added.

The appellant before the Supreme Court was the son of the deceased. He also happened to be the original informant. The First Information Report lodged by the appellant with the Police Station in Darbhanga on January 27, 2025. 

In all six persons were named as accused in the FIR inclusive of the Respondent Nos.2 and 3 respectively before us. The Respondent Nos.2 and 3 apprehending arrest prayed for anticipatory bail before the Sessions Court. The Sessions Court declined to grant them anticipatory bail.

In such circumstances, they went before the High Court. The High Court accepted their plea and granted them anticipatory bail. The High Court while granting anticipatory bail observed in para 6 as under:-

“6. Considering the aforesaid facts and circumstances, there is no specific allegation of assault against these petitioners and specific allegation of assault is against co-accused person, namely, Ratneshwar Singh and there is case and counter case between the parties and there is also land dispute between the parties for which one Title Suit is pending between the parties, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Bishanpur P.S. Case No. 14 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.”

The appellant, being the son of the deceased, was before the Supreme Court with the present appeal being aggrieved by the grant of anticipatory bail to the two accused persons i.e. the Respondent Nos.2 and 3 respectively before us. 

Division Between underlined that "11. The High Court should have been mindful of the fact that the accused persons are alleged to have been involved in a serious crime like murder. We do not say for a moment that in connection with an offence of murder, Court should not grant anticipatory bail”. But, it observed: "....the principles governing grant of anticipatory bail are quite different compared to the principles governing grant of regular bail. 13. Anticipatory bail may be granted by the Court even in a case of murder provided the Court is convinced that the accused persons praying for anticipatory bail have been falsely implicated due to some personal vendetta, political rivalry etc. The accused praying for anticipatory bail has to make out more than a prima facie case of false implication. 14. Grant of anticipatory bail is not a matter of course. Here is a case where the accused persons have been named in the FIR. The first informant is none other but an eye-witness to the incident. He may be the son of the deceased but that by itself is not sufficient to disbelieve what he has alleged in the FIR more particularly when the investigation is going on. We also take into consideration the fact that the deceased died of multiple head injuries. Postmortem Report reveals there were multiple fractures. Prima facie, the ocular version as narrated is in tune with the medical evidence on record. 15. Just because a title suit is pending between the parties by itself could not have been a ground to believe that the accused persons have been falsely implicated."

Supreme Court noted that from the submissions made by the Additional Public Prosecutor before the High Court it is apparent that the Respondent No.2 has five criminal antecedents and the Respondent No.3 had also few criminal antecedents.

Justices Rajeev Ranjan Prasad, Ritesh Kumar bench directs release of minor, directs payment of Rs 5 lakh by erring officials as compensation for illegal arrest

In Md. Jahid (Minor) under the guardianship of cousin brother Mohammad Navi Hussain/Parokar vs. The State of Bihar, through Director General of Police, Government of Bihar & Anr. (2026), Patna High Court's Division Bench-II of Justices Rajeev Ranjan Prasad and Ritesh Kumar delivered a 14-page long judgement dated January 9, 2026, wherein, it concluded:".....we direct that the petitioner shall be released forthwith by the Juvenile Justice Board from the observation home/children’s home and in this regard appropriate release order shall be issued by the Juvenile Justice Board, Madhepura forthwith. 24. For his unlawful arrest and detention, we direct the State to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs) as compensation. This amount, we are assessing, keeping in view that a young boy who is a juvenile at this stage has undergone physical and mental agony for two and half months by now. The State Government shall pay this amount to the petitioner within a period of one month from the date of receipt/production of a copy of this order."

Justice Prsad who authored the judgement drew on judgment of the Supreme Court in Nilabati Behera (Smt) Alias Lalita Behera vs. State of Orissa & Ors. reported in AIR 1993 SC 1960 while dealing with the case of contravention of fundamental rights of a citizen. He referred to the decision in Arvind Kumar Gupta vs. State of Bihar and Others reported in 2025 (6) BLJ 5 by the Patna High Court which observed in paragraphs ‘27’, ‘28’ and ‘29’: “27. In the case of Rudal Sah Vs. State of Bihar and Another while dealing with a case of unlawful detention in jail, the Hon’ble Supreme Court has held as under:-“...In these circumstances, the refusal of this court to pass an order of compensation in favour of the petitioner will be doing mere lipservice to his fundamental right to liberty which the State Government has so grossly violated.” 28. In the case of Pankaj Kumar Sharma Vs. Government of NCT of Delhi and Others reported in 2023 SCC OnLine Del 6215, a learned Single Judge of the Hon’ble Delhi High Court has reviewed the case laws on the subject and upon finding that the petitioner was made to suffer in the lockup for only half an hour, the learned Single Judge directed for payment of compensation of Rs.50,000/- to the petitioner recoverable from the salaries of Respondent Nos. 4 and 5 who were the erring officials."

The judgement reads: "25. We find that the petitioner has been compelled to approach this Court by filing a writ application of Habeas Corpus. He/his family has incurred expenses in contesting the litigation which were imposed upon them due to misuse of power by the police official. 26. We, therefore, award a cost of Rs.15,000/- (Rupees Fifteen Thousand) to the petitioner which shall also be paid by the State within the same period. 27. It is well settled in law that when the State is saddled with cost and compensation because of misuse of power by an executive, such cost and compensation must be realized from the erring officials. Reference in this regard may be made to the judgment of this Court in the case of K.K. Pathak @ Keshav Kumar Pathak Vs. Ravi Shankar Prasad and Others reported in 2019 (1) PLJR 1051 which was subject matter of challenge before the Hon’ble Supreme Court in SLP (Crl) No. 003566/2019, however, the same has not been interfered with and the view is based on the earlier views of the Hon’ble Supreme Court which have been duly discussed."

Justice Prasad who authored the judgement wrote: "28. We direct the competent authority/the Director General of Police, Bihar to institute an inquiry into the matter in administrative side, take a suitable view based on the materials which would come in course of the inquiry proceeding and realize the cost and the compensation amount from the erring officials. The cost and compensation amount which will be paid to the petitioner shall be realized from the erring officials after completion of inquiry, within a period of six months from the date of receipt/communication of a copy of this order. 29. This writ application stands allowed to the extent indicated hereinabove. 30. Let a copy of this order be communicated to the learned Principal District Judge, Madhepura, the Juvenile Justice Board, Madhepura and the Director General of Police, Bihar for compliance."

The writ application was filed in the nature of a Writ of Habeas Corpus seeking release of the petitioner from the illegal detention of the respondents. It was the case of the petitioner that the I.O. in this case arrested the petitioner in complete disregard to the powers of arrest and without following the established procedure of law. The petitioner alleged gross violation of his fundamental right as embodied under Article 21 of the Constitution of India.

One Khushboo Praveen wife of Md. Amzad, resident of village Sapardah Ward No. 8, P.S.- Puraini, District- Madhepura lodged a first information report giving rise to Puraini P.S. Case of 2025 dated July 11, 2025 registered under Sections 126(2), 115(2), 76, 308(2), 109, 303(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. She alleged that in connection with a land dispute, a Panchayati was held with the intervention of the co-villagers, the accused persons called the prosecution side to participate in the said Panchayati but while the Panchayati was going on, the 14 named accused including this petitioner who are all the co-villagers of the informant assaulted the prosecution side. It was also alleged that the accused persons had taken away the silver chain and other ornaments. In connection with the said occurrence, the petitioner’s mother also lodged a counter case giving rise to Puraini P.S. Case of 2025 dated July 16, 2025. The  case was registered for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 76, 126(2), 109, 303(2), 352, 351(2), 351(3) of the BNS, 2023. 

During investigation of the Puraini P.S. Case, the I.O. found that there was no sufficient material to proceed against ten named accused persons including thE petitioner. One accused, namely, Md. Naushad was arrested. The investigation was supervised by the Inspector and upon instructions, the I.O. filed a chargesheet bearing Chargesheet No. 235 of 2025 dated September 1, 2025 in which ten accused including this petitioner were shown in Column No. 12 as not chargesheeted accused. In another words, they were not sent up for trial. A reading of the chargesheet which is on the record  would show that the same was filed on the direction of the Senior Police officer, while the arrested accused Md. Naushad was chargesheeted, the investigation was kept open against three absconding accused, namely, (1) Md. Muktar, (2) Md. Zakir and (3) Md. Akhtar. It was apparent that after about 25 days, the I.O. received a review note/supervision note from the office of the Deputy Inspector General of Police (in short ‘DIG’), Koshi Range, Saharsa. It was evident that the supervision note was recorded by the DIG on his own on the request of the informant who had visited the office of the DIG with an application complaining that the Inspector of Police had wrongly exonerated ten named accused persons. The DIG simply recorded in his note the allegations. Taking note of the statements of the witnesses, he issued a direction to the I.O. to proceed with the investigation of the case assuming that the allegations are true against the accused persons. He directed the Superintendent of Police, Madhepura to ensure further action and arrest all the remaining accused persons expeditiously. A perusal of the case diary would showed that the supervision note of the DIG was incorporated in the case diary on September 25, 2025 whereafter the I.O. straightway proceeded to conduct raid on the house of the accused persons. The case diary did not show that after the supervision note of the DIG, any instruction was obtained from the Superintendent of Police, Madhepura. It did not show that the I.O., being fully aware of the fact that the ten accused persons had already been shown not sent up for trial, made any application in the court of Magistrate for permitting a further investigation. The I.O. could not lay his hand to any other material against the petitioner but on October 23, 2025, he arrested the petitioner, described his age as 19 years and produced him before the court from where he was sent to jail. It appeared that even at the time of his production before the Magistrate, the attention of the Magistrate was not drawn towards the fact that the petitioner was shown in the column of not chargesheeted accused in the chargesheet, therefore, once the chargesheet had been filed in the court, it was incumbent upon the I.O. to file an application seeking further investigation of the case if at all any material had come against the petitioner. Even the Magistrate did not look into these aspects of the matter and straightway in a mechanical manner sent the petitioner behind the bars. 

The petitioner approached the High Court by filing the writ application and informed this Court on November 24, 2025 in course of hearing that the petitioner was a juvenile as per his date of birth certificate i.e. the registration card of the Bihar School Examination Board showing his date of birth as January 1, 2010. The petitioner complained that despite the fact that he was a juvenile, the Magistrate did not assess his age at the time of sending him behind the bars and in complete breach of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, the petitioner was languishing in jail. On 24.11.2025, the High Court noticed the submissions and asked the State to file a counter affidavit duly sworn by the I.O. who had effected the arrest of the petitioner. In the meantime, the High Court observed that “it will be open to the Jurisdictional Magistrate to take corrective measures after considering the date of birth certificate of the petitioner. If it is found that the petitioner is aged below 18 years, it will be incumbent upon the Jurisdictional Magistrate to send him to the concerned Juvenile Justice Board for assessment of age and considering his date of birth certificate as per the Bihar School Examination Board, he would be kept in an observation home and not in jail with adults.”

The High Court was been informed at this stage that, in fact, after coming to know the claim of the petitioner that he was a juvenile, the Jurisdictional Magistrate had vide his order dated November 21, 2025 referred him for assessment of age to the Juvenile Justice Board, Madhepura. A Letter No. 13 dated January 7, 2026 from the office of the Superintendent of Police, Madhepura showed that the petitioner was declared juvenile aged about 15 years 06 months and 08 days on the date of occurrence.

A question arose for consideration in the present case as to how the petitioner could have been arrested on October 23, 2025 when he was not chargesheeted in the case and, in fact, in the Chargesheet No. 235, he was shown one amongst the ten accused persons who were not chargesheeted/sent up for trial.

Justice Prasad observed:"We have already taken note of the fact that during investigation, sufficient materials were not found against the petitioner to send him to trial and after the supervision note of the DIG, the I.O. had not collected any other and further material against the petitioner. All that he did after receipt of the supervision note of the DIG was that he conducted a raid and ultimately arrested the petitioner from his house on 23.10.2025." 

Supreme Court reverses Justice Satyavrat Verma's anticipatory bail rejection order

In Sima Devi vs. The State of Bihar (2025), Supreme Court's Division Bench of Justices J.K. Maheshwari and Vijay Bishnoi passed a 4-page long order dated November 7, 2025 upon hearing Special Leave to Appeal (Crl.) which arose out of impugned 3-page long order dated July 16, 2025 passed by Justice Satyavrat Verma of Patna High Court. 

Supreme Court's Division Bench reversed the order of Justice Verma saying, "3....we deem it appropriate to confirm the order of interim protection and deem it appropriate to release the petitioner on anticipatory bail. 4 In view of the above, we direct that in the event of arrest, the petitioner shall be released on bail on furnishing suitable bail bonds and sureties...." The Court had granted interim relief by its order dated September 24, 2025 by issuing direction for not taking coercive steps.

The petitioner had approached the Supreme Court apprehending her arrest in connection with a FIR dated December 1, 2024 registered at Police Station Banjariya, District East Champaran, Bihar for the offences
punishable under Sections 126(2), 115(2), 109, 118(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 

Earlier, in Sima Devi vs. The State of Bihar (2025), Justice Verma had concluded:"5. Considering the submissions made by the learned APP, the court is not inclined to extend the privilege of anticipatory bail to the petitioner. 6. The anticipatory bail application of the petitioner is rejected. 7. However, if the petitioner surrenders on or before 30.07.2025, in that event, the learned trial Court shall dispose of the case, on the same day, keeping in mind that husband of the petitioner has been granted the privilege of regular bail by this Court." 

The petitioner had approached the High Court apprehending her arrest in connection with Banjariya P.S. Case No.394/2024, registered for the offences punishable under Sections 126(2), 115(2), 118(2), 109, 352, 3(5) of the B.N.S. Act.

The counsel for the petitioner submitted that woman petitioner was a person with clean antecedent. The husband of the petitioner had approached the High Court seeking regular bail by filing Cr. Misc.No.32639/2025 and the same was allowed by an order dated 22.05.2025. It was submitted that informant alleged that husband of the petitioner was indulged in trade of liquor, further on 26.11.2024, the Banjariya police caught the liquor of her husband, on account of which, the husband of the petitioner abused the informant alleging that it was at his instance that the liquor was caught, thereafter husband of the petitioner assaulted the informant by knife causing injury. It was next alleged that the petitioner along with co-accused Vivek Kumar also assaulted the brother of the informant Vinod Sah by knife causing injury. It was submitted that the injury suffered by Vinod Sah was simple in nature. A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner along with Vivek were alleged to have assaulted Vinod by knife causing injury. It was also submitted that Vinod suffered two injuries and the husband of the petitioner was granted the privilege of regular bail, as such, the APP submitted that it was not a fit case, where the privilege of anticipatory bail be granted to the petitioner, in the nature of allegation as alleged in the FIR.

Supreme Court seeks medico-legal reports in an attempt to murder case from Muzaffarpur

In Rahul Kumar vs. The State of Bihar (2025), Supreme Court's Division Bench of Justuces Vikram Nath and K.V. Viswanathan heard a Special Leave to Appeal (Criminal) arising out of 3-page long order dated January 8, 2025 passed by Justice Rajesh Kumar Verma of Patna High Court on April 30, 2025. The 2-page long order of the Supreme Court's Division bench reads: "The counter affidavit filed by the State duly sworn by the Senior Superintendent of Police, District Muzaffarpur (Bihar) does not enclose the injury report or the medico-legal report of the Community Health Centre, where the injured was first examined and thereafter referred to Prashant Hospital, which is a private set-up." The counsel for the respondent-State of Bihar, produced a photocopy of the examination report of the injured by the Prashant Hospital. It observed:"The Trial Court order rejecting the bail clearly records that the injury report was not placed on record. Let the Senior Superintendent of Police file further affidavit placing on record the medico-legal reports of the Community Health Centre, where the injured was first examined and also the relevant medical report from the Prashant Hospital within two weeks. List the matter again on 15th May, 2025. In the meantime, petitioner may also file rejoinder affidavit."

In this case of attempt to murder from Mansurpur, Chamarua, Karja, Muzaffarpur, Justice Verma had concluded: "There is direct and specific allegation of assault against the petitioner and it appears from the impugned order itself that the learned court below itself perused the spot injury on the person of the husband of the informant when he has appeared before the learned court below, I am not inclined to grant the privilege of anticipatory bail to the petitioner...." The petitioner had approached the High apprehending his arrest in connection with FIR dated August 7, 2024 registered for the offences punishable under Sections 126(2),115(2),118(1), 109, 352, 351(3) and   3(5) Bharatiya Nyaya Sanhita (BNS). Section 126 of the BNS deals with "Wrongful Restraint". Section 115 deals with "voluntarily causing hurt." Section 118 of the BNS deals with the offense of "voluntarily causing hurt or grievous hurt by dangerous weapons or means". Section 109 of the BNS deals with the crime of "attempt to murder". Section 352 of the BNS penalizes intentional insults intended to provoke a breach of peace. Section 351 of the BNS deals with criminal intimidation, which is the act of threatening another person with harm to their body, reputation, property, or someone they care about, with the intent to cause fear or compel them to act against their will. Section 3(5) of the BNS outlines a principle of joint criminal liability.

The FIR was registered on the basis of the written report of the informant Babita Devi alleging that on August 6, 2024 Rahul Kumar, his wife Chandani Kumari and Mina Kumari came to her door and started hurling abused on which when her husband Ravindra Paswan objected, Chandani Kumari and Mina Devi give instigation to kin on which Rahul Kumar assaulted the husband of the informant by a knife in his ribs due to which he fell down and became unconscious. On alarm raised by her the villagers came and took her husband to SKMCH, for treatment but later on he was taken to Prashant Hospital at Juran Chhapra, Muzaffarpur where his treatment was going on so there was delay in filing of FIR.