Patna High Court

Sabita DeviversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to the petitioners, finding the allegations general, the antecedents clean, and invoking Section 482(2) to prevent unwarranted arrest.

Summary

Sabita Devi and Surji Devi, residents of Village Khoir in Madhubani, sought anticipatory bail after being implicated in a FIR alleging assault with an iron rod and theft of a gold mangalsutra, covering numerous sections of the B.N.S. The petitioners contended they were innocent, asserting the incident stemmed from a land dispute that resulted in a simple fight with injuries on both sides, and that the accusations were general, omnibus, and lacked specific overt acts. The State opposed the bail, but the court noted the general nature of the allegations, the existence of a case and counter‑case, and the petitioners' clean antecedents. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks, each petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order reflects the court’s discretion to prevent unwarranted arrest in the absence of concrete evidence.

Issues considered

What is the appropriateness of granting anticipatory bail when the accusations are general and omnibus?
Do the petitioners' clean antecedents and the nature of the dispute justify bail under Section 482(2) of the B.N.S.S.?

Legislation cited

B.N.S. — s. 109, 115(2), 118(2), 126(2), 191(2), 303(2), 329(4), 351(2), 352, 76
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 482
general and omnibus accusation
clean antecedents
land dispute
assault
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1089 of 2026

                   Arising Out of PS. Case No.-133 Year-2025 Thana- BABUBARHI District- Madhubani
                 ======================================================
           1.    Sabita Devi W/o Bhola Yadav Resident of Village- Khoir, P.S.- Babubarhi,
                 District- Madhubani
           2.    Surji Devi W/o Bindeshwar Yadav Resident of Village- Khoir, P.S.-
                 Babubarhi, District- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners    :        Mr. Shailendra Kumar Jha, Advocate
                 For the State          :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 329(4),

                   191(2), 115(2), 126(2), 109, 76, 118(2), 303(2), 352 and 351(2)

                   of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners, came

                   and assaulted informant’s side with iron rod and also snatched

                   gold Mangalsutra.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.1089 of 2026(2) dt.28-01-2026
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          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, on account of

          land dispute, simple maar-peet took place in which both sides

          sustained injuries. There is case and counter-case. Allegation of

          assault is general and omnibus and no specific accusation of

          overt act has been alleged against these petitioners. Rest of the

          allegations are ornamental in order to make the case grave.

          Petitioners are ladies and claim clean antecedents.

                       5. Learned A.P.P. for the State has 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, case and

          counter-case and clean antecedents of the petitioners, the prayer

          for 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 J.M.-1 st Class,

          Madhubani in connection with Babubarhi P.S. Case No. 133 of

          2025, subject to condition as laid down under Section 482(2) of
             Patna High Court CR. MISC. No.1089 of 2026(2) dt.28-01-2026
                                                         3/3




                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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